46682 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations 

TABLE 2—LIST OF NORTH DAKOTA INFRASTRUCTURE ELEMENTS AND REVISIONS THAT THE EPA IS TAKING

NO ACTION ON

No action 

(revision to be made in separate rulemaking 

action) 

March 7, 2013 submittal—2010 SO2 NAAQS: 

(D)(i)(I) prongs 1 and 2. 

August 23, 2015 submittal—2012 PM2.5

NAAQS: (D)(i)(I) prongs 1 and 2. 

IV. Statutory and Executive Orders 

Review 

Under the Clean Air Act, 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, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. 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 Clean Air Act; 

and 

• Does not provide the 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, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the 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). 

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. The 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 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 December 5, 

2017. 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 CAA 

Section 307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, 

Greenhouse gases, Lead, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: September 18, 2017. 

Suzanne J. Bohan, 

Acting Regional Administrator, Region 8. 

40 CFR part 52 is amended to read 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 JJ—North Dakota 

■ 2. Section 52.1833 is amended by 

adding paragraph (f) to read as follows: 

§ 52.1833 Section 110(a)(2) infrastructure 

requirements. 

* * * * * 

(f) The North Dakota Department of 

Health provided submissions to meet 

infrastructure requirements for the State 

of North Dakota for the 2010 SO2 and 

2012 PM2.5 NAAQS on March 7, 2013 

and August 23, 2015, respectively. The 

State’s Infrastructure SIP for the 2010 

SO2 and 2012 PM2.5 NAAQS is 

approved with respect to section 

(110)(a)(1) and the following elements of 

section (110)(a)(2): (A), (B), (C) with 

respect to minor NSR and PSD 

requirements, (D)(i)(II), (D)(ii), (E), (F), 

(G), (H), (J), (K), (L), and (M). 

[FR Doc. 2017–21520 Filed 10–5–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2017–0105; FRL–9968–92– 

Region 4] 

Air Plan Approval; Florida; Permitting 

Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing approval of 

portions of five State Implementation 

Plan (SIP) revisions submitted by the 

State of Florida, Department of 

Environmental Protection (FDEP), 

through the Florida Division of Air 

Resource Management, on June 23, 

1999, July 1, 2011, December 12, 2011, 

February 27, 2013, and February 1, 

2017. Florida’s SIP revisions recodify, 

clarify, and reorganize the State’s nontitle V air permitting and compliance 

assurance program regulations 

consistent with flexibility provided 


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Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations 46683 

1 62 FR 27968 (May 22, 1997). 

under the Clean Air Act (CAA or Act) 

and EPA’s rules which address new 

source preconstruction permitting. EPA 

is finalizing approval of Florida’s SIP 

revisions on the basis that they are 

consistent with the CAA and EPA’s 

requirements for permitting air emission 

sources. 

DATES: This rule will be effective 

November 6, 2017. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2017–0105. 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 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: 

Michele Notarianni, 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. Ms. 

Notarianni can be reached by phone at 

(404) 562–9031 and via electronic mail 

at notarianni.michele@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

FDEP submitted to EPA for adoption 

into the Florida SIP five revisions, three 

of which were submitted on June 23, 

1999, July 1, 2011, and February 27, 

2013, as part of the State’s efforts to 

clarify and streamline Florida’s non-title 

V air permitting and compliance 

assurance program and to address EPA’s 

minor source preconstruction 

requirements under 40 CFR 51.160– 

51.164. In addition, on December 12, 

2011, FDEP submitted a SIP revision to 

add a definition of ‘‘North American 

Industry Classification System,’’ or 

‘‘NAICS,’’ to the Florida SIP. On 

February 1, 2017, FDEP submitted a SIP 

revision to address requirements for 

emissions monitoring at stationary 

sources. The 1999 SIP submission 

includes amendments to 16 rule 

sections in the Florida Administrative 

Code (F.A.C.) that were adopted by the 

State between 1997 and 1999 to clarify 

and streamline FDEP’s permitting 

process. The 2011 SIP submission 

includes clarifying and corrective 

amendments to 11 F.A.C. rule sections 

affecting FDEP’s permitting regulations 

that were adopted by the State between 

1997 and 2010. In its 2013 SIP 

submission, FDEP updates the 1999 and 

2011 SIP submissions by either 

resubmitting or withdrawing 12 of the 

16 F.A.C. rule sections originally 

included in those submittals, and 

providing updated versions of the 

remaining four rule sections for 

incorporation into the Florida SIP. 

In a proposed rulemaking published 

on August 10, 2017 (82 FR 37379), EPA 

proposed to approve specified portions 

of the five Florida SIP revisions on June 

23, 1999, July 1, 2011, December 12, 

2011, February 27, 2013, and February 

1, 2017. The details of Florida’s 

submissions and the rationale for EPA’s 

actions are explained in the proposed 

rulemaking. Comments on the proposed 

rulemaking were due on or before 

September 11, 2017. EPA received no 

adverse comments on the proposed 

action. Accordingly, in this action, EPA 

is finalizing action regarding the 

relevant regulations (or portions thereof) 

from these five SIP submissions. 

II. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of Florida Chapters 62– 

210.200 ‘‘Definitions,’’ which was state 

effective 3/28/12; 62–210.310 ‘‘Air 

General Permits,’’ state effective 6/29/ 

11; 62–210.350 ‘‘Public Notice and 

Comment,’’ state effective 10/12/08; 62– 

296.100 ‘‘Purpose and Scope,’’ state 

effective 10/6/08; 62–296.405 ‘‘Fossil 

Fuel Steam Generators with More Than 

250 Million Btu Per Hour Heat Input,’’ 

state effective 3/2/99; 62–296.406 

‘‘Fossil Fuel Steam Generators with Less 

Than 250 Million Btu Per Hour Heat 

Input, New and Existing Emissions 

Units,’’ state effective 3/2/99; 62– 

296.412 ‘‘Dry Cleaning Facilities,’’ state 

effective 3/11/10; 62–296.414 ‘‘Concrete 

Batching Plants,’’ state effective 1/10/07; 

62–296.418 ‘‘Bulk Gasoline Plants,’’ 

state effective 3/11/10; 62–296.500 

‘‘Reasonably Available Control 

Technology (RACT)—Volatile Organic 

Compounds (VOC) and Nitrogen Oxides 

(NOX) Emitting Facilities,’’ state 

effective 3/11/10; 62–296.508 

‘‘Petroleum Liquid Storage,’’ state 

effective 10/6/08; 62–297.310 ‘‘General 

Emissions Test Requirements,’’ state 

effective 3/9/15; and 62–297.450 ‘‘EPA 

VOC Capture Efficiency Test 

Procedures,’’ state effective 3/2/99. EPA 

has made, and will continue to make, 

these materials generally available 

through www.regulations.gov and/or 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 by the 

Director of the Federal Register in the 

next update to the SIP compilation.1

III. Final Action 

EPA is finalizing approval of portions 

of the five Florida SIP revisions 

submitted to EPA on June 23, 1999, July 

1, 2011, December 12, 2011, February 

27, 2013, and February 1, 2017, on the 

basis that they are consistent with the 

CAA and EPA’s requirements for 

permitting air emission sources. 

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 Act. 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, 

these actions: 

• Are 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); 

• do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 


asabaliauskas on DSKBBXCHB2PROD with RULES
46684 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations 

• are 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.); 

• do 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); 

• do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• are not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• are not a significant regulatory 

action subject to Executive Order 13211 

(66 FR 28355, May 22, 2001); 

• are 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 

• do 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 December 5, 2017. 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: September 22, 2017. 

Onis ‘‘Trey’’ Glenn, III, 

Regional Administrator, Region 4. 

40 CFR part 52 is amended 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. Section 52.520(c) is amended: 

■ a. Under the heading ‘‘Chapter 62–210 

Stationary Sources—General 

Requirements’’ by revising the entries 

for ‘‘62–210.200’’, ‘‘62–210.310’’ and 

‘‘62–210.350’’; 

■ b. Under the heading ‘‘Chapter 62–210 

Stationary Sources—General 

Requirements’’ by removing the entry 

for ‘‘62–210.920’’; 

■ c. Under the heading ‘‘Chapter 62–296 

Stationary Sources—Emission 

Standards’’ by revising the entries for 

‘‘62–296.100’’, ‘‘62–296.405’’, ‘‘62– 

296.406’’, ‘‘62–296.412’’, ‘‘62–296.414’’, 

‘‘62–296.418’’, ‘‘62–296.500’’ and ‘‘62– 

296.508’’, and 

■ d. Under the heading ‘‘Chapter 62– 

297 Stationary Sources—Emissions 

Monitoring’’ by revising the entries for 

‘‘62–297.310’’ and ‘‘62–297.450’’. 

The revisions read as follows: 

§ 52.520 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED FLORIDA REGULATIONS

State citation 

(section) Title/subject 

State 

effective 

date 

EPA 

approval 

date 

Explanation 

*******

Chapter 62–210 Stationary Sources—General Requirements 

62–210.200 ............. Definitions .................................... 3/28/12 10/6/17, [Insert Federal Register 

citation].

Selected definitions are approved 

into the SIP. 

* * * * * * * 

62–210.310 ............. Air General Permits ..................... 6/29/11 10/6/17, [Insert Federal Register 

citation].

62–210.350 ............. Public Notice and Comment ....... 10/12/08 10/6/17, [Insert Federal Register 

citation].

Excludes revisions state effective 

February 11, 1999, which 

added 62–210.350(1)(c) and 

62–210.350(4)(a)2, and revised 62–210.350(4)(b). 


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Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations 46685 

EPA-APPROVED FLORIDA REGULATIONS—Continued 

State citation 

(section) Title/subject 

State 

effective 

date 

EPA 

approval 

date 

Explanation 

*******

Chapter 62–296 Stationary Sources—Emission Standards 

62–296.100 ............. Purpose and Scope .................... 10/6/08 10/6/17, [Insert Federal Register 

citation].

* * * * * * * 

62–296.405 ............. Fossil Fuel Steam Generators 

with More Than 250 Million Btu 

Per Hour Heat Input.

3/2/99 10/6/17, [Insert Federal Register 

citation].

62–296.406 ............. Fossil Fuel Steam Generators 

with Less Than 250 Million Btu 

Per Hour Heat Input, New and 

Existing Emissions Units.

3/2/99 10/6/17, [Insert Federal Register 

citation].

* * * * * * * 

62–296.412 ............. Dry Cleaning Facilities ................ 3/11/10 10/6/17, [Insert Federal Register 

citation].

62–296.414 ............. Concrete Batching Plants ........... 1/10/07 10/6/17, [Insert Federal Register 

citation].

* * * * * * * 

62–296.418 ............. Bulk Gasoline Plants ................... 3/11/10 10/6/17, [Insert Federal Register 

citation].

* * * * * * * 

62–296.500 ............. Reasonably Available Control 

Technology (RACT)—Volatile 

Organic Compounds (VOC) 

and Nitrogen Oxides (NOX) 

Emitting Facilities.

3/11/10 10/6/17, [Insert Federal Register 

citation].

* * * * * * * 

62–296.508 ............. Petroleum Liquid Storage ........... 10/6/08 10/6/17, [Insert Federal Register 

citation].

Amendments effective 10/6/08 

* * * * * * * 

Chapter 62–297 Stationary Sources—Emissions Monitoring 

62–297.310 ............. General Emissions Test Requirements.3/9/15 10/6/17, [Insert Federal Register 

citation].

* * * * * * * 

62–297.450 ............. EPA VOC Capture Efficiency 

Test Procedures.

3/2/99 10/6/17, [Insert Federal Register 

citation].

* * * * * * * 

* * * * * 

[FR Doc. 2017–21504 Filed 10–5–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2016–0560; FRL–9963–66] 

Florpyrauxifen-Benzyl; Pesticide 

Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of 

florpyrauxifen-benzyl in or on rice 

grain, freshwater fish, shellfish 

crustacean, and mollusc. Dow 

AgroSciences LLC requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

October 6, 2017. Objections and 

requests for hearings must be received 

on or before December 5, 2017, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2016–0560, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 


asabaliauskas on DSKBBXCHB2PROD with RULES