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[Federal Register Volume 89, Number 188 (Friday, September 27, 2024)]
[Rules and Regulations]
[Pages 79147-79150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22135]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2023-0273; FRL-12121-02-R4]

Air Plan Approval; FL; Surface Coating of Miscellaneous Metal 
Parts and Products Amendments

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 Florida Department 
of Environmental Protection (FDEP) on October 12, 2022. EPA is 
approving changes allowing the option for aerospace parts and products 
coating operations in Florida to comply with Federal National Emission 
Standards for Hazardous Air Pollutants (NESHAP) requirements in lieu of 
the volatile organic compound (VOC) standards in Florida's Surface 
Coating of Miscellaneous Metal Parts and Products (MMPP) rule 
(hereinafter referred to as FL MMPP Rule) in the Florida SIP. EPA has 
determined that the changes included in Florida's October 12, 2022, 
submission are consistent with the applicable provisions of the Clean 
Air

[[Page 79148]]

Act (CAA or Act) and its implementing regulations.

DATES: This rule is effective October 28, 2024.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2023-0273. 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 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: Simone Jarvis, 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) 562-8393. Ms. Jarvis can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    EPA is approving changes to the Florida SIP submitted by the State 
on October 12, 2022. The changes address the FL MMPP Rule--Rule 62-
296.513, Surface Coating of Miscellaneous Metal Parts and Products, 
which provides specific reasonably available control technology (RACT) 
requirements for sources in Broward, Duval, Hillsborough, Miami-Dade, 
Orange, Palm Beach, or Pinellas Counties that apply surface coatings to 
any number of metal parts and products, to limit their VOC emission 
rates, including surface coating at aerospace manufacturing 
operations.\1\ However, sources are exempt from this rule if they emit 
no more than 15 pounds in any one day and no more than three pounds in 
any one hour. The FL MMPP Rule was incorporated into the Florida SIP to 
address the RACT requirements for areas that were designated 
nonattainment for the 1979 1-hour ozone standard.\2\ EPA redesignated 
these areas to attainment in 1995.\3\
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    \1\ See Rule 62-296.500(3)(a).
    \2\ On November 6, 1991, EPA designated and classified the 
Miami-Fort Lauderdale-W. Palm Beach Area (i.e., Broward, Dade, and 
Palm Beach Counties) as moderate nonattainment for the 1979 1-hour 
ozone NAAQS; the Jacksonville Area (i.e., Duval County) as 
transitional nonattainment; the Tampa-St. Petersburg-Clearwater Area 
(i.e., Hillsborough and Pinellas Counties) as marginal 
nonattainment; and Orange County as attainment. See 56 FR 56694. 
Among the requirements applicable to nonattainment areas for the 1-
hour ozone NAAQS was the requirement to amend the SIPs for areas to 
satisfy the requirements of section 183 of the CAA.
    \3\ See 60 FR 41 for the Jacksonville, FL (Duval County) 
redesignation. See 60 FR 10325 for the Miami-Fort Lauderdale-W. Palm 
Beach, FL (Miami-Dade, Broward, and Palm Beach Counties) 
redesignation. See 60 FR 62748 for the Tampa-St. Petersburg-
Clearwater, FL (Hillsborough and Pinellas Counties) redesignation.
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    Through a notice of proposed rulemaking (NPRM) published on July 
30, 2024 (89 FR 61055), EPA proposed to approve changes to the State's 
MMPP Rule, which revises the SIP to provide that aerospace parts and 
products coating operations classified as area sources of hazardous air 
pollutants (HAPs) may, in lieu of complying with the VOC requirements 
of the FL MMPP Rule, instead comply with specified elements of EPA's 
NESHAP for Aerospace Manufacturing and Rework Facilities at 40 CFR part 
63, subpart GG (Aerospace NESHAP). Major sources of HAPs, which are 
required to comply with the Aerospace NESHAP, would also be exempt from 
the FL MMPP Rule. In this rulemaking, EPA is finalizing its approval of 
Florida's October 12, 2022, request to incorporate the changes to the 
FL MMPP Rule into the Florida SIP. EPA's rationale for approving the 
changes is described in the July 30, 2024, NPRM. Comments on the July 
30, 2024, NPRM were due on or before August 29, 2024. EPA received 
three sets of comments on the NPRM. EPA received two sets of 
substantively identical comments from the same commenter. These 
comments are addressed below and are available in the docket for this 
action. The third set of comments is not relevant to this action and is 
excluded from the docket.

II. Response to Comments

    EPA received two substantively identical sets of comments on the 
July 30, 2024, NPRM from Clean Future (Commenter). EPA has summarized 
and responded to the comments below:
    Comments: The Commenter supports EPA's action and suggests that 
``the EPA offer a thorough analysis of the anticipated decreases in VOC 
emissions as a consequence of these adjustments.'' The Commenter goes 
on to ``urge the EPA to make certain that the revised SIP offers 
sufficient assistance to impacted industries and contains explicit 
guidelines for compliance.'' Lastly, the Commenter ``recommend[s] that 
the EPA establish a mechanism for periodic review and adjustment of the 
regulations to incorporate new developments and address any unforeseen 
challenges.''
    Response: EPA appreciates the Commenter's support for this action. 
Due to the general nature of the Commenter's requests and suggestions, 
EPA is only able to provide general responses.
    The scope of EPA's review in evaluating SIP revisions is limited to 
the process in CAA section 110 and EPA's implementing regulations 
codified at 40 CFR part 51. Under CAA section 110, States have broad 
discretion to choose the mix of emission limitations and other control 
measures, means, or techniques that they will implement (or update) 
through a SIP to provide for attainment and maintenance of national 
ambient air quality standards (NAAQS). EPA's role, with respect to a 
SIP revision, is focused on reviewing the submission to determine 
whether it meets the minimum criteria of the CAA. These minimum 
criteria include CAA section 110(l) which prohibits EPA from approving 
a SIP revision that would interfere with any applicable requirement 
concerning attainment and reasonable further progress (as defined in 
section 171), or any other applicable requirement of the Act. Where a 
SIP revision meets the minimum CAA criteria, EPA must approve the 
submission. When approving a SIP revision, the Agency is not 
establishing its own requirements for the State to implement. If, at 
any time, EPA finds that a SIP is inadequate to attain or maintain the 
relevant NAAQS or otherwise does not comply with the CAA, EPA has the 
authority under CAA section 110(k)(5) to require the State to revise 
its SIP to correct such inadequacies.
    Regarding the suggestion that EPA provide a thorough analysis of 
anticipated decreases in VOC emission associated with this SIP 
revision, EPA discussed the potential changes in VOC emissions in the 
NPRM, and the Commenter has not pointed to any specific concerns with 
EPA's analysis of VOC emissions. In the NPRM, EPA noted that the SIP 
revision would allow

[[Page 79149]]

some sources to apply coatings with a higher VOC content, which has the 
potential to increase VOC emissions. However, EPA also noted that with 
all counties in Florida attaining the 1997, 2008, and 2015 ozone, as 
well as the 2006 and 2012 PM2.5 NAAQS, and anticipated to 
attain the 2024 PM2.5 NAAQS based on 2021-2023 monitoring 
data,\4\ it is unlikely that any de minimis increase in the potential 
to emit VOCs from aerospace coating operations facilities would impact 
any NAAQS.\5\ Thus, EPA has concluded that this SIP revision is 
consistent with the CAA and its implementing regulations and would not 
interfere with any applicable requirement concerning attainment and 
reasonable further progress (as defined in section 171), or any other 
applicable requirement of the Act.
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    \4\ See https://www.epa.gov/air-trends/air-quality-design-values.
    \5\ There are six NAAQS established to protect human health and 
the environment. These NAAQS are carbon monoxide (CO), lead, 
nitrogen dioxide (NO2), ozone, particulate matter (PM)--
including PM2.5 and PM10, and sulfur dioxide 
(SO2). EPA does not believe that there would be any 
changes in emissions of CO, lead, NO2, or SO2 
from this change to the FL SIP.
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    EPA initially incorporated the FL MMPP Rule into the SIP as part of 
Florida's measures to attain and maintain the NAAQS.\6\ The SIP 
revision does not impose new requirements on the covered coating 
operations, but rather adds an exemption from an existing SIP 
requirement for sources that comply with the established standards of 
the Aerospace NESHAP. Given the limited nature of this SIP revision and 
EPA's role in reviewing SIP revisions discussed above, the Commenter's 
suggestion that the revised SIP provide industry assistance and contain 
explicit guidelines for compliance, as well as the Commenter's 
recommendation the EPA establish a mechanism for periodic review and 
adjustment of regulations to incorporate new developments and 
unforeseen challenges are beyond the scope of EPA's review. Regarding 
the Commenter's recommendation to establish a mechanism for periodic 
review and adjustment of regulations to incorporate new developments 
and challenges, EPA reiterates that it has the authority to issue a SIP 
call under CAA section 110(k)(5) if, at any time, it finds the SIP to 
be inadequate to attain or maintain the relevant NAAQS or otherwise 
does not comply with the CAA.
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    \6\ On November 6, 1991, EPA designated and classified the 
Miami-Fort Lauderdale-W. Palm Beach Area (i.e., Broward, Dade, and 
Palm Beach Counties) as moderate nonattainment for the 1979 1-hour 
ozone NAAQS; the Jacksonville Area (i.e., Duval County) as 
transitional nonattainment; the Tampa-St. Petersburg-Clearwater Area 
(i.e., Hillsborough and Pinellas Counties) as marginal 
nonattainment; and Orange County as attainment. See 56 FR 56694. 
Among the requirements applicable to nonattainment areas for the 1-
hour ozone NAAQS was the requirement to amend the SIPs for areas to 
satisfy the requirements of section 183 of the CAA.
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III. 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 Sections I and II of this preamble, EPA 
is finalizing the incorporation by reference of Florida Rule 62-
296.513, F.A.C., Surface Coating of Miscellaneous Metal Parts and 
Products, State effective on June 16, 2022. 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.\7\
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    \7\ See 62 FR 27968 (May 22, 1997).
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IV. Final Action

    EPA is approving the October 12, 2022, Florida SIP revision 
consisting of amendments to Rule 62-296.513, F.A.C., Surface Coating of 
Miscellaneous Metal Parts and Products, in the Florida SIP. EPA has 
evaluated Florida's October 12, 2022, SIP revision, and determined that 
the changes will not interfere with any applicable requirement 
concerning attainment or any other applicable requirement of the CAA.

V. 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 rulemaking 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 communities with environmental justice 
(EJ) to the greatest extent practicable and permitted by law. EPA 
defines 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

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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.''
    The 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. 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 
environmental justice for communities with EJ concerns.
    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 November 26, 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: September 20, 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 paragraph (c), amend the table by revising the entry 
for ``62-296.513'' to read as follows:

Sec.  52.520  Identification of plan.

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    (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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                              Chapter 62-296 Stationary Sources--Emission Standards
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                                                  * * * * * * *
62-296.513......................  Surface Coating of     6/16/2022  9/27/2024, [Insert   .......................
                                   Miscellaneous                     first page of
                                   Metal Parts and                   Federal Register
                                   Products.                         citation].
 
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[FR Doc. 2024-22135 Filed 9-26-24; 8:45 am]
BILLING CODE 6560-50-P
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