
[Federal Register Volume 78, Number 114 (Thursday, June 13, 2013)]
[Proposed Rules]
[Pages 35599-35601]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14076]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2012-0385; FRL-9823-9]


Approval and Promulgation of Implementation Plans; Florida; 
Approval of Revision to the State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing a correction to the Florida State 
Implementation Plan (SIP) for the State of Florida to remove a 
provision entitled ``Synthetic Organic Fiber Production.'' EPA has 
determined that this provision relating to State rule 62-296.413, was 
erroneously incorporated into the SIP. EPA is proposing to remove this 
rule from the approved Florida SIP because the rule is not related to 
the attainment and maintenance of the national ambient air quality 
standards (NAAQS).

DATES: Written comments must be received on or before July 15, 2013.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2012-0385, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-Mail: R4-RDS@epa.gov.
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2012-0385,'' 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.
    5. Hand Delivery or Courier: Ms. Lynorae Benjamin, Chief, 
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. Such 
deliveries are only accepted during the Regional Office's normal hours 
of operation. The Regional Office's official hours of business are 
Monday through Friday, 8:30 to 4:30, excluding federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2012-0385. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through www.regulations.gov or 
email, information that you consider to be CBI or otherwise protected. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through www.regulations.gov, your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI 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 in 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.,

[[Page 35600]]

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: Kelly Sheckler, Air Quality Modeling 
and Transportation 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) 562-9222. Ms. Sheckler can be reached via 
electronic mail at sheckler.kelly@epa.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
II. Analysis of State Rule and Clean Air Act (CAA or Act) 
Requirements
III. Proposed Action
IV. Statutory and Executive Order Review

I. Background

    The first significant amendments to the CAA occurred in 1970 and 
1977. Following these amendments, a large number of SIPs were submitted 
to EPA to fulfill new federal requirements. In many cases, states and 
districts submitted their entire programs, including many elements not 
required pursuant to the Act. In the 1980's and early 1990's, many 
states revised their regulations to simplify them through 
recodification and to correct regulations that were submitted as a part 
of the first programs submitted that included elements that did not 
pertain to attainment of the NAAQS.
    EPA records indicate that a November 23, 1992, SIP revision from 
Florida was approved on October 20, 1994 (59 FR 52916). However, the 
November 23, 1992, SIP did not include a revision to incorporate the 
rule entitled ``Synthetic Organic Fiber Production,'' 62-296.413 into 
the SIP. On December 21, 1994, and on April 15, 1996, the State 
provided submissions which included miscellaneous revisions and the 
recodification of the Florida Administrative Code (F.A.C.). F.A.C. 62-
296.413 was part of Florida's recodification and was included in these 
State submittals among other revisions; however, as mentioned above, 
rule 62-296.413 was never officially submitted for incorporation into 
the SIP. When EPA took action on June 16, 1999 (64 FR 32346) to approve 
the recodification and miscellaneous revisions and also to revise the 
format of 40 CFR part 52 for materials submitted by Florida that are 
incorporated by reference (IBR) into the SIP, EPA inadvertently 
incorporated rule 62-296.413 into the regulatory text.

II. Analysis of State Rule and Clean Air Act (CAA or Act) Requirements

    The rule entitled ``Synthetic Organic Fiber Production,'' 62-
296.413, was originally numbered subsection 17-2.600(13), and was 
adopted with a state effective date of July 9, 1989, for the sole 
purpose of controlling acrylonitrile emissions from synthetic organic 
fiber production facilities in northwest Florida. The rule was only 
concerned with emissions of toxic air pollutants and not attainment or 
maintenance of any NAAQS. The rule was in an April 15, 1996, SIP 
submission along with all other rules that had been simultaneously 
amended. However, it was not submitted for EPA's approval and 
incorporation into the SIP. EPA's approval of this provision into the 
Florida SIP was in error, and EPA is, therefore, proposing to remove 
the provision from the approved SIP under the authority of section 
110(k)(6) of the Act.
    Section 110(k)(6) of the Act provides that, whenever the 
Administrator determines that the Administrator's action approving, 
disapproving, or promulgating any plan or plan revision was in error, 
the Administrator may in the same manner as the approval, disapproval 
or promulgation revise such action as appropriate without requiring 
further submission from the State. Such determination and the basis 
thereof must be provided to the state and public.

III. Proposed Action

    For the reasons stated above in, EPA has found that its prior 
approval of F.A.C. 62-296.413 into the SIP was in error. Consequently, 
in order to correct this error, EPA is proposing to remove 62-296.413, 
from the approved Florida SIP pursuant to section 110(k)(6) of the Act 
and to codify this deletion by revising the appropriate paragraph under 
40 CFR part 52, subpart K, Section 52.520 (Identification of Plan).

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 
proposed action merely proposes to remove a State rule from the SIP 
that was erroneously approved by EPA. This action does not impose 
additional requirements beyond those imposed by State law. For that 
reason, this proposed 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 F43255, 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 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 proposed 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Volatile organic compounds.


[[Page 35601]]


    Dated: June 3, 2013.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2013-14076 Filed 6-12-13; 8:45 am]
BILLING CODE 6560-50-P


