
[Federal Register Volume 79, Number 96 (Monday, May 19, 2014)]
[Rules and Regulations]
[Pages 28607-28612]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11211]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2013-0760; FRL-9909-91-R04]


Approval and Promulgation of Implementation Plans; State of 
Florida: New Source Review--Prevention of Significant Deterioration

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a revision to the Florida State Implementation Plan 
(SIP), submitted by the Florida Department of Environmental Protection 
(FDEP), Division of Air Resources Management, to EPA on December 19, 
2013. The SIP revision modifies Florida's New Source Review (NSR) 
Prevention of Significant Deterioration (PSD) permitting regulations to 
provide FDEP with the authority to issue PSD permits governing 
greenhouse gas (GHG) emissions, to establish appropriate emission 
thresholds for determining which new stationary sources and 
modifications to existing stationary sources become subject to 
Florida's PSD permitting requirements for their GHG emissions, and to 
facilitate the implementation of GHG Plantwide Applicability Limits 
(PALs) by allowing consideration of GHG PALs in determining whether 
GHGs are ``subject to regulation.'' The changes to Florida's 
regulations also update Florida's SIP to incorporate provisions 
addressing issuance of GHG PALs on a carbon dioxide equivalent 
(CO2e) basis. EPA is taking final action to approve 
Florida's December 19, 2013 SIP revision because it is in accordance 
with the Clean Air Act (CAA or Act) and EPA regulations regarding the 
PSD permitting program. Concurrent with this final approval, EPA is 
rescinding the GHG PSD Federal Implementation Plan (FIP) for Florida 
that was put in place on December 30, 2010, to ensure the availability 
of a permitting authority for GHG permitting in Florida.

DATES: This rule is effective May 19, 2014.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2013-0760. 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 from 8:30 a.m. to 4:30 p.m., 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: For information regarding the Florida 
SIP, contact Ms. Twunjala Bradley, 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. Ms. Bradley's telephone number is (404) 
562-9352; email address: bradley.twunjala@epa,gov. For information 
regarding Region 4 NSR and GHG permitting, contact Ms. Yolanda Adams, 
Air Permits Section, at the same address above. Ms. Adams' telephone 
number is (404) 562-9214; email address: adams.yolanda@epa.gov. For 
Information regarding EPA's GHG SIP Call or FIP, contact Ms. Cheryl 
Vetter, Air Quality Policy Division, Office of Air Quality Planning and 
Standards (C504-03), U.S. Environmental Protection Agency, Research 
Triangle Park, North Carolina 27711, telephone number: (919) 541-4391, 
facsimile number: (919) 541-5509, email address: vetter.cheryl@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. This Action
III. Effective Date of This Action
IV. Final Action
V. Statutory and Executive Order Reviews

I. Background

    Florida's December 19, 2013 SIP revision provides the State the 
authority to regulate GHG \1\ emissions under its PSD program and 
establishes appropriate emission thresholds for determining which new 
stationary sources and modification projects become subject to PSD 
permitting requirements for their GHG emissions as promulgated in the 
GHG Tailoring Rule, 75 FR 31514 (June 3, 2010).\2\ These GHG PSD 
applicability provisions became State effective on October 23, 2013. 
Additionally, Florida's December 19, 2013 submission reflects the fact 
that Florida has updated State law to incorporate by reference \3\ 
certain changes made to 40 CFR part 52 related to the implementation of 
GHG PALs that were promulgated in EPA's July 12, 2012, Step 3 GHG 
Tailoring Rule.\4\ This change to state law results in an update to the 
incorporation by reference of the portions of 40 CFR 52.21 cited in 
Florida's existing SIP-approved PAL regulations, such that those 
provisions now include provisions of 40 CFR 52.21 that, among other 
things, address issuance of GHG PALs on a CO2e basis in 
addition to the available mass-basis. EPA's final approval of Florida's 
December 19, 2013 SIP revision includes approval of Florida's GHG PSD 
Permit Transition Plan, under which

[[Page 28608]]

EPA will transfer existing EPA-issued GHG permits for Florida sources 
to Florida for administration and enforcement. Florida's Transition 
Plan also included that EPA would retain PSD permit implementation 
authority (under 40 CFR 52.21) for pending GHG permit applications, 
draft permits, and final permits for which final agency action has not 
been taken or for which all administrative and judicial appeals 
processes pursuant to 40 CFR part 124 (including any associated remand 
actions) have not been completed by the effective date of today's final 
action. However, because there are no such GHG PSD permits (as describe 
above) before EPA for review or process, this portion of Florida's GHG 
Transition Plan (the management of pending GHG PSD projects) is no 
longer applicable. Therefore, EPA is not taking final action to retain 
implementation authority (under 40 CFR 52.21) for pending GHG permit 
applications, draft permits, and final permits for which final agency 
action has not been taken or for which all administrative and judicial 
appeals processes pursuant to 40 CFR part 124 (including any associated 
remand actions) have not been completed by the effective date of 
today's final action. Florida will assume full responsibility for the 
administration and implementation of such GHG PSD permits immediately 
upon notification from EPA that all administrative and judicial appeals 
processes and any associated remand actions have been completed or 
concluded for any such permit application.
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    \1\ Throughout this document, where appropriate, EPA will use 
the acronyms ``GHG'' and ``GHGs'' to express the term greenhouse gas 
or greenhouse gases, respectively.
    \2\ ``Prevention of Significant Deterioration and Title V 
Greenhouse Gas Tailoring Rule; Final Rule,'' 75 FR 31514 (June 3, 
2010) (GHG Tailoring Rule).
    \4\ ``Prevention of Significant Deterioration and Title V 
Operating Permit Greenhouse Gas (GHG) Tailoring Rule Step 3 and GHG 
Plantwide Applicability Limits,'' 77 FR 41051 (July 12, 2012) (Step 
3 GHG Tailoring Rule). Step 3 of the Tailoring Rule included 
revisions to the regulations at 40 CFR 52.21 that allow GHG PALs 
under those regulations to be established on a CO2e basis 
in addition to the previously available mass basis and allow a GHG-
only source to obtain a GHG PAL under those regulations while still 
maintaining its minor source status, so long as it complies with its 
PAL and its GHG emissions remain below the PAL. See 77 FR 41051.
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    On December 30, 2010, EPA promulgated a GHG PSD FIP for Florida 
(among other states/areas) to ensure the availability of a permitting 
authority for GHGs where no authority was available.\5\ See 75 FR 
82246. Concurrent with this final approval, EPA is rescinding the GHG 
PSD FIP for Florida at 40 CFR 52.37 that was put in place on December 
30, 2010, to ensure EPA was the GHG permitting authority in the State 
of Florida.
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    \5\ ``Action To Ensure Authority To Issue Permits Under the 
Prevention of Significant Deterioration Program to Sources of 
Greenhouse Gas Emissions: Federal Implementation Plan,'' 75 FR 82246 
(December 30, 2010) (GHG PSD FIP).
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    Detailed background information for today's final rule including 
EPA's national actions pertaining to PSD permitting of sources of GHGs 
is provided in EPA's January 7, 2014, proposed rulemaking. See 79 FR 
778. Comments on the proposed rulemaking were due on or before February 
6, 2014, and EPA received one comment on the proposed rulemaking. The 
comment received was related to the use of E15 (15 percent ethanol) in 
gasoline for motorcycles and is irrelevant to EPA's action to approve 
Florida's December 19, 2013 SIP revision to adopt PSD permitting 
provisions to regulate GHG-emitting sources in the State. Therefore, 
EPA need not provide a response to this comment for today's final 
rulemaking. Pursuant to section 110 of the CAA, EPA is now taking final 
action to approve the changes to Florida's NSR PSD program as submitted 
in its December 19, 2013 SIP revision, and to rescind the GHG FIP for 
Florida at 40 CFR 52.37(b)(3).

II. This Action

    EPA is taking final action to approve Florida's December 19, 2013 
SIP revision to adopt the Federal PSD permitting requirements related 
to the regulation of GHG-emitting sources. Florida's NSR permitting 
program is based on the application of the term ``PSD pollutant'' at 
Rule 62-210.200(234), F.A.C. Florida previously defined ``PSD 
pollutant'' \6\ as any pollutant listed as having a ``significant 
emission rate'' as defined in Rule 62-210.200. Chapter 62-210, F.A.C. 
entitled ``Stationary Sources--General Requirements,'' contains 
definitions of terms (at Rule 62-210.200, F.A.C.) used in Chapter 62-
212, F.A.C.,\7\ as well as other stationary source rules. Florida's 
December 19, 2013 SIP submission revises the definition of ``PSD 
pollutant'' at 62-210.200 to incorporate the term ``regulated NSR 
pollutant'' as defined in 40 CFR 52.21(b)(50), which in turn references 
the term ``subject to regulation'' (defined at 40 CFR 52.21(b)(49)). 
The definition of ``subject to regulation'' at 40 CFR 52.21(b)(49) 
specifies the circumstances under which GHGs are considered subject to 
regulation and therefore regulated under the PSD program. The term 
``subject to regulation'' in turn references the PAL provisions at 
52.21(aa)(1) through (15) and, as explained in more detail below, would 
allow consideration of GHG PALs in determining whether GHGs are 
``subject to regulation.'' In relevant part, Florida's revised 
definition of ``PSD pollutant'' provides:
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    \6\ Florida adopted into its SIP the term ``PSD pollutant'' 
(which references significant emissions rate) to replace the term 
``NSR Pollutant'' at Rule 62-210.200, F.A.C. as part of its February 
3, 2006, SIP submission to adopt the 2002 NSR Reform permitting 
provisions. See 73 FR 36435 (June 27, 2008). At that time, FDEP 
provided EPA with an equivalency demonstration establishing the 
definitions of ``PSD pollutant'' and ``significant emissions rate'' 
as being equivalent to the Federal definition of ``regulated NSR 
pollutant'' since they included all pollutants for which a national 
ambient air quality standard (NAAQS) had been promulgated, all 
precursors for such pollutants which had been identified by the 
Administrator, all pollutants subject to standards promulgated under 
section 111 of the Act, and all pollutants regulated under the Act. 
Florida's definitions however lacked the catch-all phrase ``subject 
to regulation,'' which is part of the Federal definition of 
``regulated NSR pollutant.'' Florida explained that if any new 
pollutant or precursor subsequently became ``subject to 
regulation,'' Florida would revise its SIP to include such new 
pollutant or precursor soon thereafter.
    \7\ Chapter 62-210, F.A.C., also establishes general permitting, 
public notice, reporting, and permit application requirements. 
Chapter 62-212, F.A.C., entitled ``Stationary Sources--
Preconstruction Review'' contains specific preconstruction 
permitting requirements for various types of air construction 
permits, including minor source permits, PSD permits, nonattainment 
new source review permits, and PALs permits. Rule 62-212.400, F.A.C. 
contains the State's PSD preconstruction review program as required 
under part C of title I of the CAA. The PSD program applies to major 
stationary sources or modifications constructing in areas that are 
designated as attainment or unclassifiable with respect to the 
NAAQS.

    62-210.200--PSD pollutant--(a) Any pollutant listed as having a 
significant emission rate as defined in Rule 62-210.200, F.A.C.; and 
(b) Any Regulated NSR Pollutant as defined at 40 CFR 52.21(b)(50) 
and as adopted and incorporated by reference at Rule 62-204.800, 
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F.A.C.

    As provided in the December 19, 2013 SIP submission, Florida's 
amendment to ``PSD pollutant'' to include the phrase ``Any Regulated 
NSR Pollutant'' as defined at 40 CFR 52.21(b)(50) does not, in and of 
itself, provide Florida the authority to regulate GHGs in its PSD 
program. Florida's State Rule 62-204.800, F.A.C., incorporation by 
reference the relevant section of the Code of Federal Regulations (CFR) 
(including 40 CFR 52.21) into the Florida regulations, as well as 
specified amendments thereto.\8\ To ``activate'' the applicability of a 
Federal rule within Florida's regulations, the state references Rule 
62-204.800, F.A.C. within the state regulations (such as 62-
210.200).\9\ The previous incorporation by reference of Federal 
provisions at 40 CFR 52.21 into State Rule 62-204.800, F.A.C. predated 
EPA's adoption of the GHG Tailoring Rule and the Step 3 GHG Tailoring 
Rule. In order for the incorporation by reference of EPA's updated 
definition of ``regulated NSR pollutant'' at 40 CFR 52.21(b)(50) to be

[[Page 28609]]

applicable in Florida's regulations, FDEP amended State Rule 
62.204.800, F.A.C., to incorporation by reference 40 CFR 52.21, Subpart 
A as of July 1, 2011, and as amended on July 12, 2012 at 77 FR 41051. 
This amendment to Rule 62-204.800 became state effective on December 
17, 2013.\10\ This change incorporates into the F.A.C. the applicable 
GHG regulations established in the GHG Tailoring Rule and ensures that 
the provisions of 40 CFR 52.21 incorporated into Florida's regulations 
reflect revisions in the PALs program to address GHGs that were 
finalized in the Step 3 GHG Tailoring Rule.
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    \8\ When FDEP incorporates by reference a Federal regulation, 
any subsequent change to the Federal CFR is not automatically 
incorporated into Florida's rules. See Section 120.54(1)(i)1., F.S. 
(``A rule may incorporate material by reference but only as the 
material exists on the date the rule is adopted.'').
    \9\ The incorporation by reference of the CFR (such as 40 CFR 
52.21) at 62-204.800 does not by itself make those regulations 
applicable within Florida's SIP regulations; it's the actual 
reference to State Rule 62-204.800 within Florida regulations that 
makes the Federal regulation applicable. In other words, Rule 62-
204.800, F.A.C., is the mechanism Florida uses to make specific 
Federal requirements applicable within SIP-approved regulations.
    \10\ Florida's Rule 62-204.800, F.A.C., is a state law. 
Therefore the amendment to update the incorporation by reference 
date for 40 CFR 52.21 at 62-204.800 is not part of the State's 
December 19, 2013 SIP revision. However, as noted, without it the 
reference to 40 CFR 52.21(b)(50) in the definition of ``PSD 
pollutant'' would be referring to an older version of 40 CFR 52.21 
which did not include the GHG Tailoring Rule's regulatory amendments 
for regulated NSR pollutant and the inclusion of ``subject to 
regulation'' (nor the Step 3 GHG Tailoring Rule)
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    In addition to ensuring that Florida's definition of ``PSD 
pollutant'' incorporates the EPA's updated definition of ``regulated 
NSR pollutant,'' Florida's updated incorporation by reference of 40 CFR 
52.21 in State Rule 62-204.800, F.A.C. results in an update to the 
incorporation by reference of portions of 40 CFR 52.21 cited in 
Florida's existing SIP-approved PAL regulations in Florida's PSD Rule 
62-212.720, F.A.C.\11\ This update incorporates changes made to 40 CFR 
52.21 promulgated in the July 12, 2012 Step 3 GHG Tailoring Rule. Step 
3 of the Tailoring Rule finalized revisions to the regulations at 40 
CFR 52.21 to enable the establishment of GHG PALs on a CO2e 
basis in addition to the available mass-basis and to allow a GHG-only 
source to apply for a GHG PAL while still maintaining its minor source 
status. See 77 FR 41051 and 79 FR 778.
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    \11\ EPA initially adopted the PAL regulations into the Florida 
SIP on June 27, 2008, at Rule 62-212.720, F.A.C., as part of the 
State's February 3, 2006, SIP submission to adopt the 2002 NSR 
Reform permitting provisions (which established the PALs 
provisions). See 73 FR 36435. In relevant part, Florida's 
regulations at 62-212.720, F.A.C., incorporation by reference 
specific provisions from EPA's PAL rules at 40 CFR 52.21(aa), 
adopted by reference in Rule 62-204.800, F.A.C. The relevant portion 
of the updated version of Florida's Rule 62-204.800, F.A.C., states: 
``(3) Title 40, Code of Federal Regulations, Part 52, Approval and 
Promulgation of Implementation Plans. The following subparts of 40 
CFR Part 52, revised as of July 1, 2003, or later as specifically 
indicated, are adopted and incorporated by reference: (a) 40 CFR 
Part 52, Subpart A, General Provisions; revised as of July 1, 2011 
(https://www.flrules.org/Gateway/reference.asp?No=Ref-03499), or 
later as specifically indicated, are adopted and incorporated by 
reference; amended July 12, 2012, at 77 FR 41051 (https://www.flrules.org/Gateway/reference.asp?No=Ref-03489); amended October 
25, 2012, at 77 FR 65107 (https://www.flrules.org/Gateway/reference.asp?No=Ref-03486); amended January 15, 2013, at 78 FR 3085 
(https://www.flrules.org/Gateway/reference.asp?No=Ref-03487).'' The 
July 12, 2012 amendments at 77 FR 41051 are those made under the 
Step 3 GHG Tailoring Rule described earlier in this preamble. See 
also 77 FR 41051. Therefore, the specific provisions of 40 CFR 52.21 
that are incorporated into Florida's regulations include any 
amendments made as part of the Step 3 Tailoring Rule.
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    Therefore, taken together, Florida's amendment to the definition of 
``PSD pollutant'' at Rule 62-210.200, F.A.C., and its update to the 
incorporation by reference of 40 CFR 52.21 in State Rule 62-204.800 
provide Florida the authority to regulate GHG under the PSD program, 
establish in the Florida SIP the thresholds for GHG permitting 
promulgated in the GHG Tailoring Rule, and update provisions previously 
incorporated into Florida's regulations to reflect the revisions 
relating to GHG PALs promulgated in the Step 3 GHG Tailoring Rule.
    As discussed in EPA's January 7, 2014, proposed rulemaking, Florida 
included a GHG PSD Permit Transition Plan in its December 19, 2013 SIP 
submission. See GHG Transition Plan in Appendix B of Florida's December 
19, 2013 submission in the docket using Docket ID: EPA-R04-OAR-2013-
0760. Under the plan, FDEP would exercise its authority to administer 
and enforce GHG PSD permits issued by EPA under its FIP to sources 
located in the State of Florida.\12\ Pursuant to the criteria under 
section 110(a)(2)(E)(i) of the CAA, EPA has determined that Florida has 
the authority, personnel, and funding to implement the PSD program for 
GHGs for existing EPA-issued permits. Therefore, concurrent with EPA's 
approval of Florida's December 19, 2013 GHG SIP revision, EPA will 
transfer existing EPA-issued GHG permits for Florida sources to FDEP 
for administration and enforcement.\13\
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    \12\ This includes authority for the general administration of 
these existing permits, authority to process and issue any and all 
subsequent PSD permit actions relating to such permits including, 
but not limited to, modifications, amendments, or revisions of any 
nature, and the authority to enforce such permits.
    \13\ At the time this final rulemaking was published, EPA Region 
4 had issued four, final and effective GHG PSD permits for Florida 
sources for Florida Power & Light Company (FPL)--Port Everglades 
Plant (Permit PSD-EPA-R4010), Tampa Electric Company--Polk Power 
Station (Permit PSD-EPA-R4014), EFS Shady Hills LLC--Shady Hills 
Generating Station (Permit PSD-EPA-R4013) and New Hope (Permit PSD-
EPA-R4016). EPA has provided FDEP with a copy of these permits and 
will provide a copy of the permit records upon request.
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    In EPA's January 7, 2014 rulemaking the Agency proposed to retain 
GHG PSD permit implementation authority at 40 CFR 52.530 for pending 
applications, draft permits, and final permits for which final agency 
action had not been taken or for which all administrative and judicial 
appeals processes pursuant to 40 CFR part 124 (including any associated 
remand actions).\14\ See 79 FR 778 at 783. However, since publication 
of EPA's proposed rule, the administrative and procedural status of 
Florida GHG PSD permits have changed resulting in four final GHG PSD 
permits being issued and three permits withdrawn by the respective 
facilities. Therefore at the time of finalization of this rulemaking, 
no such GHG PSD permits in various stages described above were before 
EPA for review. For that reason, the retaining of GHG PSD permit 
implementation authority at 40 CFR 52.530 is no longer relevant nor 
required. Therefore, EPA is not taking final action to retain 
implementation authority at 40 CFR 52.51 for pending applications, 
draft permits, and final permits for which final agency action had not 
been taken or for which all administrative and judicial appeals 
processes pursuant to 40 CFR part 124 (including any associated remand 
actions). EPA is not altering FDEP's original GHG Transition Plan but 
rather adapting to the current circumstances.
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    \14\ In FDEP's GHG Transition Plan the State indicated that EPA 
would retain GHG PSD permit implementation authority for pending 
applications and/or permits or final permits (not yet effective) in 
various stages of process and review.
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    As mentioned above and as a result of this approval, EPA is 
rescinding the GHG PSD FIP for Florida codified at 40 CFR 52.37(b)(3) 
that was put in place on December 30, 2010, to ensure EPA was the 
applicable permitting authority for GHG permitting in Florida. This GHG 
FIP is no longer necessary since approval of Florida's December 19, 
2013 SIP revision establishes PSD applicability thresholds for GHG 
emissions at the same emissions thresholds and in the same timeframes 
as those specified by EPA in the GHG Tailoring Rule, giving FDEP the 
authority to regulate GHG-emitting sources and to issue GHG PSD 
permits. Therefore, this final action removes Florida from the GHG FIP 
list at 40 CFR 52.37(b)(3). Upon the effective date of today's final 
rulemaking to approve the Florida's December 19, 2013 SIP revision, 
FDEP will immediately assume full responsibility for new GHG PSD 
applications for Florida sources. As such, new applications will be 
submitted to and processed by FDEP's Division of Air Resource 
Management.

III. Effective Date of This Action

    EPA is making May 19, 2014 the effective date of today's final 
action. In

[[Page 28610]]

accordance with 5 U.S.C. 553(d), EPA finds there is good cause for this 
action to become effective on May 19, 2014. The May 19, 2014, effective 
date for this action is authorized under both 5 U.S.C. 553(d)(1), which 
provides that rulemaking actions may become effective less than 30 days 
after and section 553(d)(3), which allows an effective date less than 
30 days after publication ``as otherwise provided by the agency for 
good cause found and published with the rule.'' The purpose of the 30-
day waiting period prescribed in section 553(d) is to give affected 
parties a reasonable time to adjust their behavior and prepare before, 
the final rule takes effect. Today's rule, however, does not create any 
new regulatory requirements such that affected parties would need time 
to prepare before the rule takes effect. Rather, today's final rule 
provides Florida with the authority to regulate GHG-emitting sources 
making FDEP the sole PSD permitting authority in the State. 
Additionally, an immediate effective date would promote an orderly 
transition of the GHG PSD program from the EPA to Florida, the 
efficient use of Florida's and EPA's resources, and certainty for the 
regulated community and the public. For this reason, EPA finds good 
cause under 5 U.S.C. 553(d)(3) for this action to become effective May 
19, 2014.

IV. Final Action

    Florida's December 19, 2013 SIP revision amends the State's 
definition of ``PSD pollutant'' to provide Florida with the authority 
to regulate GHG under its PSD program, to establish PSD applicability 
thresholds for GHG emissions at the same emissions thresholds and in 
the same timeframes as those specified by EPA in the GHG Tailoring 
Rule, and to facilitate the implementation of GHG PALs by allowing 
consideration of GHG PALs in determining whether GHGs are ``subject to 
regulation.'' The changes to Florida's regulations also update 
Florida's SIP to incorporate provisions addressing issuance of GHG PALs 
on a CO2e basis. EPA has made the determination that 
Florida's December 19, 2013 SIP revision is consistent with EPA's PSD 
regulations for GHG-emitting sources as promulgated in the GHG 
Tailoring Rule, Step 3 GHG Tailoring Rule and section 110 of the CAA. 
Therefore, EPA is taking final action to approve Florida's December 19, 
2013 SIP submission.
    EPA is also taking final action to rescind the Florida GHG PSD FIP 
at 40 CFR 52.37(b)(3). EPA's approval of Florida's December 19, 2013 
SIP revision includes approval of FDEP's GHG PSD Permit Transition 
Plan, under which EPA will transfer existing EPA-issued GHG permits for 
Florida sources to Florida for administration and enforcement. However, 
EPA is not taking final action to retain PSD permit implementation 
authority at 40 CFR 52.530 for pending GHG permit applications, draft 
permits, and final permits for which final agency action has not been 
taken or for which all administrative and judicial appeals processes 
pursuant to 40 CFR part 124 (including any associated remand actions) 
have not been completed by the effective date of today's final action 
because there are currently no such GHG PSD permits before the agency 
for review. Additionally, EPA finds good cause under 5 U.S.C. 553(d) 
for this action to become effective May 19, 2014. Upon the effective 
date of today's final rulemaking to approve the Florida's December 19, 
2013 SIP revision, FDEP will immediately assume full responsibility for 
new GHG PSD applications for Florida sources. As such, new applications 
will be submitted to and processed by FDEP's Division of Air Resource 
Management.

V. Statutory and Executive Order Reviews

A. Executive Order 12866--Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under Executive Orders 12866 and 13563 
(76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
because this SIP approval and FIP rescission under section 110 and part 
C of the CAA will not in-and-of itself create any new information 
collection burdens but simply transfers the permitting authority from 
EPA to the State. Burden is defined at 5 CFR 1320.3(b). Because this 
final action does not impose an information collection burden, the 
Paperwork Reduction Act does not apply.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to 
conduct a regulatory flexibility analysis of any rule subject to notice 
and comment rulemaking requirements unless the agency certifies that 
the rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small not-for-profit enterprises, and small governmental jurisdictions.
    For purposes of assessing the impacts of today's rule on small 
entities, small entity is defined as: (1) A small business as defined 
by the Small Business Administration's (SBA) regulations at 13 CFR 
121.201; (2) a small governmental jurisdiction that is a government of 
a city, county, town, school district or special district with a 
population of less than 50,000; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field.
    This rule will transfer GHG PSD permitting responsibility from EPA 
to the State of Florida. This final rule applies to large GHG emitters 
that tend to be large sources. Further, this rule will not have a 
significant impact on a substantial number of small entities because 
SIP approvals under section 110 and part C of the CAA do not create any 
new requirements but simply approve existing requirements in State law. 
The result of this final action simply is to transfer authority to 
administer the PSD program for GHGs from EPA to the State of Florida. 
The substantive requirement for a source to obtain a PSD permit prior 
to construction of a new major source of GHGs or modification of an 
existing major source that will significantly increase GHGs is not 
changed by this final action. After considering the economic impacts of 
this rule on small entities, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
This final rule will not impose any new requirements on small entities.

D. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 
1531-1538 for State, local, or tribal governments or the private 
sector. This action imposes no additional enforceable duty on any 
State, local or tribal governments or the private sector beyond that 
required by state law. Therefore, this action is not subject to the 
requirements of sections 202 or 205 of the UMRA.
    This action is also not subject to the requirements of section 203 
of UMRA because it contains no regulatory requirements that might 
significantly or uniquely affect small governments. This action 
transfers permitting responsibility of GHG emissions from

[[Page 28611]]

EPA to the State of Florida. Small governments are not impacted.

E. Executive Order 13132--Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on Florida, on the relationship between the 
national government and the State of Florida, or on the distribution of 
power and responsibilities among the various levels of government, as 
specified in Executive Order 13132. The CAA specifies conditions under 
which states may request, and EPA may approve state implementation of 
CAA requirements. This rulemaking approves PSD permitting provisions in 
the State of Florida for GHG emissions, and as a consequence of the SIP 
approval, simultaneously rescinds Federal PSD permitting responsibility 
for GHG emissions in Florida. This rulemaking is pursuant to the SIP 
approval and requirements of the CAA. As such, this final rule does not 
change the balance of power between Florida and EPA as provided for in 
the CAA. Thus, Executive Order 13132 does not apply to this action.
    In the spirit of Executive Order 13132, and consistent with EPA 
policy to promote communications between EPA and State and local 
governments, EPA specifically solicited comment on the proposed action 
from State and local officials. EPA received no comments from state or 
local governments on this rulemaking.

F. Executive Order 13175--Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). In this action, 
EPA is not addressing any Tribal Implementation Plans. This action is 
limited to Florida's SIP related to GHG PSD permitting. Thus, Executive 
Order 13175 does not apply to this action.

G. Executive Order 13045--Protection of Children From Environmental 
Health Risks and Safety Risks

    EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying 
only to those regulatory actions that concern health or safety risks, 
such that the analysis required under section 5-501 of the EO has the 
potential to influence the regulation. This action is not subject to EO 
13045 because EPA is approving revisions to the Florida PSD SIP for 
permitting of GHG emissions, as authorized by the CAA.

H. Executive Order 13211--Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355 
(May 22, 2001)), because it is not a significant regulatory action 
under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note) 
directs EPA to use voluntary consensus standards in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus standards bodies. NTTAA directs EPA to provide 
Congress, through OMB, explanations when the Agency decides not to use 
available and applicable voluntary consensus standards. This action 
does not involve technical standards. Therefore, EPA did not consider 
the use of any voluntary consensus standards.

J. Executive Order 12898--Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes 
Federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that this final rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not alter 
the level of protection provided to human health or the environment by 
the PSD program. Rather, the result of this final action is to transfer 
authority over the administration of CAA requirements governing PSD 
permitting for GHGs from EPA to the State of Florida. This transfer of 
authority will not have any disproportionately high and adverse human 
health or environmental effects on any population, including any 
minority or low-income population. This final rule approves the Florida 
SIP as meeting Federal requirements for GHG PSD permitting and imposes 
no additional requirements beyond those imposed by Florida law.

K. Congressional Review Act

    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).

L. Petitions for Judicial Review

    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 July 18, 2014. 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); 5 U.S.C. 
7607(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Greenhouse gas, Incorporation by reference, Intergovernmental 
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides, Volatile organic 
compounds.

    Dated: May 1, 2014.
Gina McCarthy,
Administrator, U.S. EPA.

    40 CFR part 52 is amended as follows:

[[Page 28612]]

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 A--General Provisions


Sec.  52.37  [Amended]

0
2. Section 52.37 is amended by removing and reserving paragraph (b)(3).

Subpart K--Florida

0
3. Section 52.520(c) is amended under Chapter 62-210 by revising the 
entry for ``Section 62-210.200'', by revising the heading for Chapter 
62-212, and under Chapter 62-212 by revising the entry for `` ``Section 
62-212.720'' to read as follows:


Sec.  52.520  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Florida Regulations
----------------------------------------------------------------------------------------------------------------
                                                        State
      State citation            Title/subject      effective date     EPA Approval date         Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                             Chapter 62-210 Stationary Sources--General Requirements
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
62-210.200...............  Definitions...........        10/23/13  5/19/14 [Insert         As of September 19,
                                                                    citation of             2012, 61-210.200
                                                                    publication].           does not include
                                                                                            Florida's revision
                                                                                            to adopt the PM2.5
                                                                                            SILs threshold and
                                                                                            provisions (as
                                                                                            promulgated in the
                                                                                            October 20, 2010,
                                                                                            PM2.5 PSD Increment-
                                                                                            SILs-SMC Rule at 40
                                                                                            CFR 52.21(k)(2)).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                            Chapter 62-212 Stationary Sources--Preconstruction Review
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
62-212.720...............  Actuals Plantwide           12/17/2013  5/19/14 [Insert         As of May 19, 2014
                            Applicability Limits                    citation of             the PAL provisions
                            (PALs).                                 publication].           include certain
                                                                                            revisions to 40 CFR
                                                                                            52.21 finalized July
                                                                                            12, 2012 (Step 3 GHG
                                                                                            Tailoring Rule) and
                                                                                            relating to GHG
                                                                                            PALs, which are
                                                                                            incorporated by
                                                                                            reference at 62-
                                                                                            212.720 through
                                                                                            Florida State Rule
                                                                                            62.204.800, F.A.C.,
                                                                                            (which incorporates
                                                                                            by reference 40 CFR
                                                                                            52.21, subpart A as
                                                                                            of July 1, 2011, and
                                                                                            as amended on July
                                                                                            12, 2012 at 77 FR
                                                                                            41051. December 17,
                                                                                            2013.)
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

0
4. Section 52.530 is amended by adding paragraph (b) to read as 
follows:


Sec.  52.530  Significant deterioration of air quality.

* * * * *
    (b) Pursuant to part C, subpart 1 of the Clean Air Act, EPA is 
approving a December 19, 2013 SIP revision submitted by the State of 
Florida, through the Florida Department of Environmental Protection 
(FDEP), Division of Air Resource Management that establishes prevention 
of significant deterioration (PSD) applicability thresholds for 
greenhouse gas (GHG) emissions at the same emissions thresholds and in 
the same timeframes as those specified by EPA in the GHG Tailoring 
Rule. This approval gives FDEP the authority to regulate GHG-emitting 
sources and issue GHG PSD permits. FDEP's December 19, 2013 SIP 
revision also includes a GHG PSD Permit Transition Plan which governs 
the transition from EPA administering GHG PSD permitting requirements 
for Florida sources under a Federal Implementation Plan (FIP) to the 
State administering GHG PSD permitting requirements under its approved 
SIP. Under this GHG PSD Permit Transition Plan, FDEP will administer 
and enforce GHG PSD permits issued by EPA to Florida sources under the 
GHG PSD FIP. FDEP's authority over these existing EPA-issued GHG PSD 
permits includes the authority for FDEP to conduct general 
administration of these existing permits, authority to process and 
issue any and all subsequent permit actions relating to such permits, 
and authority to enforce such permits.
* * * * *
[FR Doc. 2014-11211 Filed 5-16-14; 8:45 am]
BILLING CODE 6560-50-P


