[Federal Register Volume 85, Number 146 (Wednesday, July 29, 2020)]
[Rules and Regulations]
[Pages 45539-45541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15700]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0105; FRL-10012-12-Region 4]


Air Plan Approval; Florida: Public Notice Procedures for Minor 
Operating Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve portions of a State Implementation Plan (SIP) 
revision submitted by the State of Florida, through the Florida 
Department of Environmental Protection (FDEP), on February 27, 2013. 
These portions change the State's public notice and comment rule for 
air permitting by modifying the length of the public comment period for 
minor source operating permitting and by making non-substantive edits.

DATES: This rule is effective August 28, 2020.

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 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 can either 
be retrieved electronically via 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: D. Brad Akers, 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. Mr. Akers can be 
reached via telephone at (404) 562-9089 or via electronic mail at 
akers.brad@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    EPA is approving changes to the Florida SIP that were provided to 
EPA through FDEP via a letter dated February 27, 2013.\1\ EPA has 
previously approved portions of the February 27, 2013 submittal,\2\ and 
FDEP has withdrawn other portions from EPA consideration.\3\ EPA is 
approving the remaining portions of this SIP revision. These remaining 
portions make changes to Rule 62-210.350, Florida Administrative Code 
(F.A.C.), Public Notice and Comment, by revising the length of the 
public notice period required for federally enforceable state operating 
permits (FESOPs) from 30 days to 14 days and making several minor non-
substantive edits to the Rule. FESOPs are federally enforceable permits 
issued by a state under a minor source operating permit program that 
EPA has approved into the SIP as meeting criteria published by the 
Agency on June 28, 1989. See 54 FR 27274 (June 28, 1989) (hereinafter 
FESOP Guidance). See EPA's May 5, 2020, notice of proposed rulemaking 
(NPRM) (85 FR 26641) for further details on these changes and EPA's 
rationale for approving them.
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    \1\ EPA received the submittal on March 6, 2013.
    \2\ EPA approved portions of the February 27, 2013, SIP revision 
making changes to Rule 62-210.200, Definitions, 62-210.310, Air 
General Permits, and portions of 62-210.350, Public Notice and 
Comment, specifically portions of 62-210.350(1) and (4), on October 
6, 2017 (82 FR 46682).
    \3\ FDEP withdrew portions of the February 27, 2013, SIP 
revision as follows: FDEP withdrew certain changes to Rule 62-
210.200, Definitions, Rule 62-210.350, Public Notice and Comment, 
and Rule 62-296.401, Incinerators, on June 28, 2017; and FDEP 
withdrew the changes to 62-210.300, Permits Required, on December 5, 
2019. These letters are located in the docket for this rulemaking.
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    Comments on the NPRM were due on or before June 4, 2020, and EPA 
received one comment. EPA has summarized this comment and is providing 
a response in the following section. The complete comment is available 
in the docket for this rulemaking.

II. Response to Comment

    Comment: The Commenter requests that EPA confirm that the 14-day 
comment period at Rule 62-210.350 for FESOP minor source permits will 
not be followed if the minor source permit is going to be used for SIP 
purposes. The Commenter further states that should such a FESOP minor 
source permit need to be approved into the SIP, EPA must clarify that a 
30-day public comment period is required.
    Response: The 14-day comment period in Rule 62-210.350 applies to 
the issuance of all FESOPs regardless of whether the State will 
ultimately submit them to EPA for incorporation into the SIP. As 
discussed in the NPRM, there are no specific public notice requirements 
for the issuance of minor source operating permits in the Clean Air Act 
(CAA) or implementing regulations, and Florida's rule complies with 
EPA's FESOP Guidance. The Commenter does not challenge this rationale 
for approving the SIP revision or explain why FESOPs submitted for SIP 
purposes must undergo a 30-day comment period prior to issuance.\4\
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    \4\ As discussed in the NPRM, even with the revision to Rule 
62.210.350, the State may provide for a longer comment period on 
FESOPs when a commenter requests an extension.
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    Nonetheless, all SIP submittals, including those that contain 
permit conditions for incorporation into the SIP, must undergo a 30-day 
public comment period at the state level pursuant to CAA Section 
110(a), 40 CFR 51.102, and Appendix V to 40 CFR part 51, Criteria for 
Determining the Completeness of Plan Submissions. This comment period 
is separate from and in addition to the comment period on any permits 
included in that submittal. Furthermore, EPA must provide for public 
comment when proposing to approve a SIP submittal unless, for good 
cause, it finds that a public comment period is impracticable, 
unnecessary, or contrary to the public interest. See 5 U.S.C. 553. The 
public therefore has ample opportunity to submit comments on a SIP 
submittal. If the submittal seeks to incorporate permit conditions into 
the SIP, the public can comment during the state and federal public 
comment periods regarding the sufficiency of those conditions for SIP 
purposes.

III. 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 Rule 62-
210.350, F.A.C., Public Notice and Comment, state effective October 12, 
2008, consisting of changes to the public comment period regarding 
FESOPs as well as non-

[[Page 45540]]

substantive edits.\5\ 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.\6\
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    \5\ Except for 62-210.350(1)(c) which was withdrawn from EPA 
consideration on June 28, 2017.
    \6\ See 62 FR 27968 (May 22, 1997).
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IV. Final Action

    EPA is approving changes to the Florida SIP included in a February 
27, 2013, submittal. Specifically, EPA is approving changes to the 
public comment period regarding FESOPs, as well as non-substantive 
edits, in Rule 62-210.350, F.A.C., Public Notice and Comment, state 
effective October 12, 2008. EPA is approving these changes because they 
are not inconsistent with the FESOP Guidance or the CAA, and because 
the changes will not interfere with any applicable requirement 
concerning attainment and reasonable further progress or any other 
requirements in the Act.

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 Act and applicable 
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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 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).
    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 September 28, 2020. 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, Reporting and recordkeeping 
requirements.

    Dated: July 15, 2020.
Mary Walker,
Regional Administrator, Region 4.

    Therefore, 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 amend the table in paragraph (c) by revising the 
entry for ``62-210.350'' to read as follows:


Sec.  52.520   Identification of plan.

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    (c) * * *

[[Page 45541]]



                                        EPA Approved Florida Regulations
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                                                      State
 State citation (section)      Title/subject     effective date    EPA approval date          Explanation
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                             Chapter 62-210 Stationary Sources--General Requirements
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                                                  * * * * * * *
62-210.350...............  Public Notice and         10/12/2008  07/29/2020 [Insert    Except for 62-
                            Comment.                              citation of           210.350(1)(c) which was
                                                                  publication].         withdrawn from EPA
                                                                                        consideration on June
                                                                                        28, 2017.
 
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[FR Doc. 2020-15700 Filed 7-28-20; 8:45 am]
BILLING CODE 6560-50-P


