[Federal Register Volume 88, Number 88 (Monday, May 8, 2023)]
[Proposed Rules]
[Pages 29591-29596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09328]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2022-0851; FRL-10929-01-R4]


Air Plan Approval; Florida; Amendments to Stationary Sources--
Emission Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a portion of a State Implementation Plan (SIP) revision 
submitted by the State of Florida through the Florida Department of 
Environmental Protection (Department or FL DEP) on April 1, 2022. The 
portion of the SIP revision proposed for approval seeks to modify a 
stationary source emission standard applicable to certain fossil fuel 
steam generators by making several changes to provisions that regulate 
emissions of sulfur dioxide (SO2), nitrogen oxides 
(NOX), and visible emissions, and by removing certain 
emission limits that are either obsolete or otherwise regulated by more 
stringent federally enforceable conditions elsewhere. The portion of 
the SIP revision also seeks to modify requirements for major stationary 
sources of volatile organic compounds (VOC) and NOX by 
removing unnecessary language and certain emission limits that are 
obsolete. EPA is proposing to approve these changes pursuant to the 
Clean Air Act (CAA or Act).

DATES: Comments must be received on or before June 7, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2022-0851 at regulations.gov. Follow the online instructions for 
submitting comments. Once submitted, comments cannot be edited or 
removed from Regulations.gov. EPA may publish any comment received to 
its public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Pearlene Williams-Miles, Multi-Air 
Pollutant Coordination Section, Air Planning and Implementation Branch, 
Air and Radiation Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street SW, Atlanta, GA 30303-8960. The telephone 
number is (404) 562-9144. Ms. Williams-Miles can also be reached via 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Overview

    EPA is proposing to approve changes submitted by Florida on April 
1, 2022,\1\ seeking to revise Rule 62-296.405, Florida Administrative 
Code (F.A.C.), Fossil Fuel Steam Generators with More Than 250 million 
Btu Per Hour Heat Input and 62-296.570 F.A.C., Reasonably Available 
Control Technology (RACT)--Requirements for Major VOC- and NOX-Emitting 
Facilities. Florida's April 1, 2022, SIP revision includes technical 
support materials to demonstrate that the changes and deletions to the 
rule will not interfere with the attainment or maintenance of any 
National Ambient Air Quality Standards (NAAQS), or with any other 
applicable requirement of the CAA. EPA's analysis of these changes in 
Florida's April 1, 2022, SIP revision below provides EPA's rationale 
for proposing approval of the changes to Rules 62-296.405 and 62-
296.570.\2\
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    \1\ The April 1, 2022, submittal transmits several changes to 
other Florida SIP-approved rules. These changes are not addressed in 
this document and will be considered by EPA in a separate 
rulemaking.
    \2\ On March 30, 2023, Florida submitted a letter to EPA 
withdrawing the changes to Rule 62-296.405(1)(c)1.g. and 62-296.405 
(1)(d)2., from EPA's consideration. For this reason, EPA is not 
proposing to act on the changes to (1)(c)1.g. and (1)(d)2. The 
letter may be found in the docket for this proposed action.
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II. Analysis of Florida's April 1, 2022, SIP Revision

A. Rule 62-296.405

    Florida's April 1, 2022, SIP revision contains changes to Florida's 
SIP-approved rules under Chapter 62-296, Stationary Source--Emission 
Standards, and provides a non-interference demonstration to support 
these changes. The non-interference demonstration explains why the 
proposed changes to the SIP would not interfere with any applicable 
requirement concerning attainment and reasonable further progress (as 
defined in CAA section 171), or any other applicable requirement of the 
Act (i.e., how the proposed revision satisfies CAA section 110(l)). 
This section of the notice of proposed rulemaking will address the 
portion of the SIP revision that contains changes to Rule 62-296.405, 
Fossil Fuel Steam Generators with More Than 250-million Btu Per Hour 
Heat Input.
    Specifically, the April 1, 2022, submission contains amendments to 
provisions 62-296.405(1)(a); 62-296.405(1)(c)1.; 62-296.405(1)(c)1.b. 
through e.; 62-296.405(1)(c)1.h. through i.; 62-296.405(1)(c)2.a., b., 
and d.; 62-296.405(1)(c)3.; 62-296.405(1)(d)3..; 62-296.405(1)(e); and 
62-296.405(2). These provisions regulate emissions of SO2, 
NOX, and visible emissions from certain fossil fuel-fired 
steam generators with more than 250 million British Thermal Units 
(MMBtu) per hour heat input. As described below, the changes to these 
provisions revise a visible emissions limitation and clarify to whom 
the results of visible emissions testing must be submitted. The changes 
also remove outdated language, including emission limits for sources 
that have shut down or have more stringent federally enforceable 
limits, add specific citations for EPA test methods, and make minor 
wording edits. These changes do not allow for any pollutant emission 
increases because they only remove certain SIP rules that are either 
obsolete or less stringent than other applicable regulations, and 
revise other rules in a way that does not lessen stringency.
i. Analysis of Amendments to Visible Emissions Provisions at Rule 62-
296.405(1)(a)
    Subparagraph 296.405(1)(a) requires subject sources to comply with 
a visible emissions limit of 20 percent opacity. However, the rule also 
allows sources two options for exceeding 20 percent opacity: one six-
minute period per hour during which opacity cannot exceed 27 percent, 
or one two-minute period per hour during which opacity cannot

[[Page 29592]]

exceed 40 percent. The rule requires that the option selected by the 
source be specified in the source's construction and operation permits. 
The option allowing opacity of no more than 40 percent over a two-
minute average stems from, and was consistent with, Florida DEP Method 
9, which measured opacity on a two-minute average; however, Florida 
removed this method from its state rules on July 10, 2014. The option 
allowing one exceedance per hour of an opacity up to 27 percent over a 
six-minute average stems from, and is consistent with, EPA Method 9, 
which measures opacity on a two-minute average. The two options are 
approximately equivalent on a six-minute average, as affirmed by the 
State.\3\ The SIP revision removes the option that provides an 
exception of no more than 40 percent opacity over a two-minute period 
per hour. EPA is proposing to approve this change because Florida has 
removed DEP Method 9 from the state rules, and because the exception is 
approximately equivalent to the 27 percent exception that remains in 
the rule.
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    \3\ See the March 17, 2023, EPA memorandum to the file and 
docket re: FL-167-1, April 1, 2022; DEP Method 9. This memorandum 
memorializes a conversation between EPA and FL DEP during which 
Florida confirmed that the difference between the two options is 
negligible since the data points are measured by a human observer in 
five percent increments.
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    Subparagraph 296.405(1)(a) is also revised to remove the word 
``compliance'' from the phrases ``test for particulate emissions 
compliance annually'' and ``test for particulate matter emissions 
compliance quarterly'' in the context of required periodic testing 
requirements. These revisions alter neither the SIP requirements for 
periodic particulate matter testing nor the availability of such 
testing results for compliance determination purposes.
    Subparagraph 62-296.405(1)(a) is also revised to add that the 
results of required visible emissions tests must be submitted to ``the 
local program'' instead of the Department if submission to the local 
program is specified in the facility's permit. EPA believes this 
addition is appropriate because Florida's eight local air programs take 
lead responsibility for air compliance and enforcement activities in 
their counties, and it ensures consistency with the relevant permit 
requirements.
ii. Analysis of Amendments to SO2 Provisions at Rule 62-
296.405(1)(c)
    Subparagraph 62-296.405(1)(c) contains SO2 emission 
limit requirements for the existing emissions units covered by the 
rule. Subparagraph (1)(c)1., which provides emission limits for sources 
that burn liquid fuel, is being revised to remove the extraneous text 
``Stations--2.5 pounds per million Btu heat input.'' This phrase is not 
linked to any specific emissions units, but rather, as explained in 
Florida's April 1, 2022, SIP submittal, was inadvertently retained when 
the rest of a former version of provision 62-296.405(1)(c)1.a., F.A.C. 
was deleted from the State's rules. The text intended for deletion from 
the State's rules reads, ``Duval County north of Heckscher Drive 
excluding Jacksonville Electric Authority Northside Generating 
Stations--2.5 pounds per mission Btu heat input.'' However, the words 
``Stations--2.5 pounds per million Btu heat input'' were 
unintentionally submitted to EPA and approved into the SIP. Because 
this text is detached from the units it once applied to, EPA is 
proposing to approve its removal.
    In addition to this change, FL DEP requests the removal of several 
subparagraphs from Rule 62-296.405 because they contain SO2 
limits for emissions units that no longer exist or that have more 
stringent federally enforceable requirements.
    The first subparagraph FL DEP requests the removal of is 
subparagraph (1)(c)1.b. Subparagraph (1)(c)1.b. regulates emission 
units in Duval County burning liquid fuel with a nameplate generating 
capacity of less than 160 megawatts (MW), and which commenced operation 
prior to October 1, 1964. The provision limits SO2 emissions 
from these units to 1.10 pounds per million Btu heat input (lbs/MMBtu). 
This subparagraph is proposed for removal from the Florida SIP because 
it is applicable only to Jacksonville Electric Authority (JEA) 
Southside Units 4 and 5, which were permanently shut down on October 
31, 2001, and JEA Kennedy Units 7, 8, and 9, which were permanently 
shut down on October 30, 2000. Since these units are shut down and 
there are no existing emissions units potentially subject to 
subparagraph (1)(c)1.b., its removal will not increase SO2 
emissions. Therefore, EPA is proposing to remove this subparagraph.
    The second subparagraph FL DEP requests the removal of is 
subparagraph (1)(c)1.c. Subparagraph (1)(c)1.c. limits SO2 
emissions from all existing subject units burning liquid fuel in Duval 
County other than those covered by subparagraphs (1)(c)1.a. or 
(1)(c)1.b. to 1.65 lbs/MMBtu. However, there are no longer any existing 
emissions units \4\ in Duval County that subparagraph (1)(c)1.c. would 
apply to. Since there are no longer any existing emissions units 
subject to or potentially subject to subparagraph (1)(c)1.c., its 
removal will not increase SO2 emissions. Therefore, EPA is 
proposing to remove this subparagraph.
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    \4\ In SIP-approved Rule 62-210.200, Definitions, ``Existing 
Emissions Unit'' means an emission unit which was in existence, in 
operation, or under construction, or had received a permit to begin 
construction prior to January 18, 1972. See 62-210.200(134). An 
emission unit is not subject to this rule if the unit was modified 
or reconstructed on or after January 18, 1972.
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    The third subparagraph FL DEP requests the removal of is 
subparagraph (1)(c)1.d. Subparagraph (1)(c)1.d. limits SO2 
emissions from Hillsborough County units south of State Highway 60 
burning liquid fuel with a nameplate generating capacity of less than 
100 MW, and which commenced operation prior to June 1, 1955, to 1.1 
lbs/MMBtu. This subparagraph is applicable only to Tampa Electric 
Company (TECO) Gannon and Hooker's Point emission units which have shut 
down. The dates of the various TECO emission units' permanent shutdowns 
are shown in Table 1, below.

     Table 1--Shutdown Dates of TECO Gannon and Hooker's Point Units
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                                                          Permanent shut
                   Emissions unit (EU)                       down date
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TECO Gannon EU 1........................................       4/16/2003
TECO Gannon EU 2........................................       4/15/2003
TECO Gannon EU 3........................................       11/1/2003
TECO Gannon EU 4........................................      10/12/2003
TECO Hooker's Point EUs 1-6.............................        1/1/2003
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    Since these units have shut down and there are no existing 
emissions units potentially subject to subparagraph (1)(c)1.d., its 
removal will not increase SO2 emissions. Therefore, EPA is 
proposing to remove this subparagraph.
    The fourth subparagraph FL DEP requests the removal of is 
subparagraph (1)(c)1.e. Subparagraph (1)(c)1.e. limits SO2 
emissions from Escambia County's units north of Interstate 10 burning 
liquid fuel with a nameplate generating capacity of less than 50 MW, 
and which commenced operation prior to October 1, 1952, to 1.98 lbs/
MMBtu. This subparagraph is applicable only to the Gulf Power Crist 
Units 1-3, which were permanently shut down on December 31, 2005. Since 
these units have shut down and there are no emissions units potentially 
subject to subparagraph (1)(c)1.e., its removal will not increase 
SO2 emissions. Therefore, EPA is proposing to remove this 
subparagraph.

[[Page 29593]]

    The fifth subparagraph FL DEP requests the removal of is 
subparagraph (1)(c)1.h. Subparagraph (1)(c)1.h. limits SO2 
emissions from the units in Leon and Wakulla Counties burning liquid 
fuel with a nameplate generating capacity of less than 260 MW, and for 
which a valid Department operating permit was issued prior to November 
1, 1977, to 1.87 lbs/MMBtu. This subparagraph is applicable only to 
City of Tallahassee Hopkins and Purdom units which were permanently 
shut down. The dates of the various City of Tallahassee Hopkins and 
Purdom emission units' permanent shutdowns are shown in Table 2, below.

 Table 2--Shutdown Dates of City of Tallahassee Hopkins and Purdom Units
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                                                          Permanent shut
                   Emission unit (EU)                        down date
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COT Hopkins EU 1........................................      11/17/2018
COT Hopkins EU 3........................................        6/1/2017
COT Hopkins EU 4........................................        2/9/2008
COT Purdom EU 5 and 6...................................        8/4/2000
COT Purdom EU 7.........................................      12/31/2013
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    Since these units have shut down and there are no existing 
emissions units potentially subject to subparagraph (1)(c)1.h., its 
removal will not increase SO2 emissions. Therefore, EPA is 
proposing to remove this subparagraph.
    The sixth subparagraph FL DEP requests the removal of is 
subparagraph (1)(c)1.i. Subparagraph (1)(c)1.i. limits SO2 
emissions from the units in Dade, Broward, and Palm Counties burning 
liquid fuel with a nameplate generating capacity of less than 170 MW, 
and which commenced operation prior to May 1, 1958, to 1.1 lbs/MMBtu 
(except in the event of a fuel or energy crisis declared by the 
Governor of Florida or the President of the United States, in which 
case the limit is 2.75 lbs/MMBtu). This subparagraph is applicable only 
to Florida Power and Light (FP&L) Cutler, Lauderdale, and Riviera Beach 
units, the last of which was permanently shut down on May 21, 2013. The 
dates of the various FP&L Cutler, Lauderdale, and Riviera Beach 
emission units' permanent shutdowns are shown in Table 3, below.

  Table 3--Shutdown Dates of FP&L Cutler, Lauderdale, and Riviera Beach
                                  Units
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                                                          Permanent shut
                   Emission unit (EU)                        down date
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FP&L Cutler Unit EU 1...................................       6/29/1982
FP&L Cutler Unit EU 3 and 4.............................       5/21/2013
FP&L Lauderdale Unit EU 1...............................       10/7/1991
FP&L Lauderdale Unit EU 2...............................      10/14/1991
FP&L Riviera Beach EU 1.................................        9/1/1995
FP&L Riviera Beach EU 2.................................        8/5/1996
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    Since these units have shut down and there are no existing 
emissions units potentially subject to subparagraph (1)(c)1.i., its 
removal will not increase SO2 emissions. Therefore, EPA is 
proposing to remove this subparagraph.
    The seventh subparagraph FL DEP requests the removal of is 
subparagraph (1)(c)2.a. Subparagraph (1)(c)2.a. limits SO2 
emissions from Hillsborough County's units burning solid fuel with a 
nameplate generating capacity of greater than 120 MW and which 
commenced operation prior to November 1, 1967, to 2.4 lbs/MMBtu on a 
weekly average. The provision also limits any group of such emissions 
units located on one or more contiguous or adjacent properties (i.e., 
collectively) to 10.6 tons of SO2 per hour on a weekly 
average. This subparagraph is applicable only to TECO Gannon units 
which were permanently shut down. The dates of the various TECO Gannon 
units' permanent shutdowns are shown in Table 4, below.

              Table 4--Shutdown Dates of TECO Gannon Units
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                                                          Permanent shut
                   Emission unit (EU)                        down date
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TECO Gannon EU 1........................................       4/16/2003
TECO Gannon EU 2........................................       4/15/2003
TECO Gannon EU 3........................................       11/1/2003
TECO Gannon EU 4........................................      10/12/2003
TECO Gannon EU 5........................................       1/30/2003
TECO Gannon EU 6........................................       9/30/2003
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    Since these units have shut down and there are no existing 
emissions units potentially subject to subparagraph (1)(c)2.a., its 
removal will not increase SO2 emissions. Therefore, EPA 
proposes to remove this subparagraph.
    The eighth subparagraph FL DEP requests the removal of is 
subparagraph (1)(c)2.b. Subparagraph (1)(c)2.b. limits SO2 
emissions from units in Hillsborough County burning solid fuel with a 
nameplate generating capacity of greater than 400 MW, and which 
commenced operation after November 1, 1967, and prior to June 1, 1976, 
to 6.5 lbs/MMBtu over a two-hour average.\5\ This subparagraph is 
applicable only to TECO Big Bend Units 1, 2, and 3. However, Unit 1 was 
permanently shut down on June 1, 2020, and Unit 2 was permanently shut 
down on November 30, 2021. For TECO Big Bend Unit 3, subparagraph 
(1)(c)2.b. yields an allowable SO2 emission rate of 26,747.5 
pounds per hour (lbs/hr) based on the limit of 6.5 lbs/MMBtu and a unit 
heat input capacity of 4,115 MMBtu/hr.\6\ The TECO Big Bend facility is 
also subject to a source-specific SO2 emissions cap of 2,156 
lbs/hr for all of the TECO Big Bend units combined, which was approved 
into the SIP as a source-specific SIP revision in 2019.7 8 
This emissions cap, even though averaged over a 30-day period, is 
significantly more stringent than the subparagraph (1)(c)2.b. emission 
limit. For example, under subparagraph (1)(c)2.b., a unit is allowed to 
emit 963 tons of SO2 in just three days, which is more than 
the total allowed in 30 days under the source-specific SO2 
emissions cap, 776 tons. Therefore, because the TECO Big Bend units are 
either permanently shut down or are subject to another more stringent 
SO2 limit in the SIP, EPA is proposing to remove this 
subparagraph.
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    \5\ The provision also limits SO2 emissions from a 
group of units located on one or more contiguous or adjacent 
properties and which are under common control (i.e., collectively) 
to 31.5 tons per hour (tons/hr) over a 3-hour average and 25 tons/hr 
over a 24-hour average. However, considering that Units 1 and 2 have 
been permanently shut down, these caps are less stringent than the 
single unit limit of 13.4 tons/hr (26,747.5 lbs/hr).
    \6\ The heat capacity at Unit 3 is included in Permit No. 
0570039-120-AC, which may be found at https://fldep.dep.state.fl.us/air/emission/apds/default.asp.
    \7\ See 84 FR 60927 (November 12, 2019).
    \8\ Florida's submission also references Permit No. 0570039-129-
AC, which is currently pending incorporation into Florida's Regional 
Haze SIP. However, since this permit is not yet incorporated into 
the SIP, EPA is relying on the 2019 source-specific and SIP-approved 
emissions cap, as described.
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    The ninth subparagraph FL DEP requests the removal of is 
subparagraph (1)(c)2.d. Subparagraph (1)(c)2.d. limits SO2 
emissions from units burning solid fuel in all other areas of the State 
to 6.17 lbs/MMBtu. This subparagraph is only applicable to Gulf Power 
Scholz Units 1 and 2, which were permanently shut down on April 16, 
2015. Since these units have shut down and there are no existing 
emissions units potentially subject to subparagraph (1)(c)2.d., its 
removal will not increase SO2 emissions. Therefore, EPA is 
proposing to remove this subparagraph.
    Finally, subparagraph (1)(c)3. requires owners of fossil fuel steam 
generators to monitor their emissions and the effects

[[Page 29594]]

of the emissions on ambient concentrations of SO2 in a 
particular manner and frequency, and at locations approved and deemed 
reasonably necessary and ordered by the Department. FL DEP notes that 
the monitoring of stack emissions is regulated by SIP-approved Chapter 
62-297, F.A.C., Stationary Sources--Emissions Monitoring, and views 
subparagraph (1)(c)3. as a discretionary ambient SO2 
monitoring provision that is no longer needed in the SIP. FL DEP 
explains that the State has the authority and capability of setting up 
ambient air quality monitoring stations as needed. In addition, Rule 
62-212.400(7) F.A.C., requires that the owner or operator of a major 
stationary source or major modification under the prevention of 
significant deterioration program provide any required monitoring and 
analysis as required in 40 CFR 52.21(m). EPA agrees that Florida 
operates an approved plan for monitoring compliance with the 
SO2 NAAQS and may require owners of fossil fuel steam 
generators to conduct ambient monitoring as needed when constructing or 
modifying emissions units. For these reasons, EPA is proposing to 
approve removal of this subparagraph from the SIP.
iii. Analysis of Amendments to NOX Provisions at Rule 62-
296.405(1)(d)
    FL DEP's April 1, 2022, submission requests the removal of 
subparagraph (1)(d)3. Subparagraph (1)(d)3. limits NOX 
emissions from unit in Leon County with a nameplate generating capacity 
of greater than 200 MW, and for which a valid Department operating 
permit was issued prior to November 1, 1977, to 0.30 lbs/MMBtu. This 
subparagraph applies only to the City of Tallahassee's Hopkins Boiler 
2, which was permanently shut down on February 9, 2008. Since this unit 
has shut down and there are no emissions units potentially subject to 
subparagraph (1)(d)3., its removal will not increase NOX 
emissions. Therefore, EPA is proposing to remove this subparagraph.
iv. Analysis of Amendments to Test Methods and Procedures Provisions at 
Rule 62-296.405(1)(e)
    Florida's SIP revision seeks to revise subparagraph 62-
296.405(1)(e) by adding specific citations for EPA test methods and 
removing outdated language. This will not result in increased emissions 
or change any existing requirements; therefore, EPA is proposing to 
approve the changes to this subparagraph. These revisions are 
summarized as follows:
    (1) The changes replace the reference to repealed FL DEP Method 9 
with EPA Method 9, as described at 40 CFR part 60, appendix A-4, and 
adopted by reference at Rule 62-204.800,\9\ as the test method for 
visible emissions. The changes also add that the State has adopted and 
incorporated by reference 40 CFR part 75 at Rule 62-204.800.
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    \9\ Rule 62-204.800 adopts and incorporates by reference Federal 
rules cited throughout FL DEP's air pollution rules.
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    (2) The changes remove a redundant and unnecessary statement that 
an owner or operator may use EPA Method 5 to demonstrate compliance. 
The changes also specify where the applicable test methods are found in 
the Federal rules as follows: Methods 3 and 3A are described at 40 CFR 
part 60, appendix A-2; Methods 5, 5B, and 5F are described at 40 CFR 
part 60, appendix A-3; Method 17 is described at 40 CFR part 60, 
appendix A-6; and Method 19 is described at 40 CFR part 60, appendix A-
7. In addition, the changes update the rule by stating that the State 
has adopted and incorporated these methods by reference at Rule 62-
204.800, F.A.C., rather than Chapter 62-297, F.A.C., due to the repeal 
of Rule 62-297.401, Compliance Test Methods, which EPA previously 
removed from the SIP. See 83 FR 13875 (April 2, 2018).
    (3) The changes specify that the SO2 test methods--EPA 
Methods 6, 6A, 6B and 6C--are ``as described at 40 CFR part 60, 
Appendix A-4'' and that these methods are adopted and incorporated by 
reference at Rule 62-204.800, F.A.C., rather than Chapter 62-297, 
F.A.C.
    (4) The changes specify that the NOX test methods--EPA 
Methods 7, 7A, or 7E--are ``as described at 40 CFR part 60, Appendix A-
4, adopted and incorporated by reference at Rule 62-204.800, F.A.C.'' 
This phrase replaces the reference to Chapter 62-297. The changes also 
add that the State has adopted and incorporated by reference 40 CFR 
parts 60, 75, and 76 at Rule 62-204.800.
v. Analysis of Amendments to New Emission Units Provisions at Rule 62-
296.405(2)
    FL DEP is requesting the removal of subsection 62-296.405(2), which 
reads as follows: 62-296.405(2) New Emissions Units.
    (a) Visible Emissions--(See subsection 62-204.800(7), F.A.C., and 
40 CFR 60.42 and 60.42a).
    (b) Particulate Matter--(See subsection 62-204.800(7), F.A.C., and 
40 CFR 60.42 and 60.42a).
    (c) Sulfur Dioxide--(See subsection 62-204.800(7), F.A.C., and 40 
CFR 60.43 and 60.43a).
    (d) Nitrogen Oxides--(See subsection 62-204.800(7), F.A.C., and 40 
CFR 60.44 and 60.44a).
    This subparagraph lists visible emissions and three air pollutants, 
particulate matter, SO2, and NOX, and the federal 
new source performance standards (NSPS), adopted and incorporated by 
reference by Florida in Rule 62-204.800, that regulate these pollutants 
for certain electric utility steam generating units.\10\ This 
subparagraph merely identifies the federal NSPS that are applicable to 
certain fossil fuel steam generators and the Florida rule that 
incorporates the relevant federal NSPS by reference. This subparagraph 
does not need to be in the Florida SIP because the NSPS requirements 
are independently applicable and federally enforceable. Sources that 
are subject to these Federal requirements must comply with them 
regardless of whether this subparagraph is in the SIP. Thus, EPA 
proposes to remove subsection 62-296.405(2) from the SIP.
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    \10\ Rule 62-296.405(2) lists the NSPS at 40 CFR 60.42, 60.42a, 
60.43, 60.43a. 60.44, and 60.44a. EPA amended and renumbered 60.42a, 
60.43a, and 60.44a as 60.42Da, 60.43Da, and 60.44Da on June 13, 2007 
(72 FR 32710).
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    EPA has evaluated the State's non-interference demonstration and is 
proposing to find that the changes to Rule 62-296.405 would not 
interfere with any requirement concerning attainment and RFP, or any 
other applicable requirement of the CAA for the reasons discussed 
above.

B. Rule 62-296.570

    The April 1, 2022, submission removes obsolete provisions in Rule 
62-296-570, Reasonably Available Control Technology (RACT)--
Requirements for Major VOC- and NOX-Emitting Facilities and makes 
changes to clarify the intent of the Rule and update certain cross-
references. FL DEP developed Rule 62-296.570 to implement VOC and 
NOX RACT for existing major sources of VOC and 
NOX in its then moderate ozone nonattainment area--the South 
Florida Area (consisting of Broward, Dade, and Palm Beach Counties)--as 
required by CAA section 182.\11\ After EPA

[[Page 29595]]

redesignated the South Florida Area to attainment, Florida revised its 
RACT rules such that Rule 62-296.570 now applies to the South Florida 
maintenance area.\12\
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    \11\ See 60 FR 2688, 2689 (January 11, 1995) (approving 
Florida's January 8, 1993, SIP revision and noting that Florida's 
RACT rule ``applies to the 1990 Clean Air Act Amendment requirement 
for RACT for existing major sources of VOCs and NOX in 
Florida's moderate non-attainment area.''). The fact that Rule 62-
296.570 applies solely to existing units is further evidenced by 
language in Florida's January 8, 1993 SIP revision (available in the 
docket for this proposed action), the May 31, 1995, compliance date 
in Rule 62-296.570(4)(a)1, and the exclusion of new and modified 
major VOC- and NOX emitting facilities subject to major 
new source review through Rule 62-296.570(1)(a) (referencing Rule 
62-296.500(1)(b)).
    \12\ See 60 FR 10325 (February 24, 1995) (redesignating the 
South Florida Area to attainment); 64 FR 32346 (June 16, 1999).
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    Subparagraph 62-296.570(1)(b) is revised to clarify the intent of 
the rule. Chapter 62-296.570 establishes requirements for major VOC- 
and NOX-emitting facilities. The following text is added to 
subparagraph (1)(b) to clarify that the rule requirements do not apply 
to activities considered insignificant for title V permitting purposes: 
``or that would otherwise be considered insignificant pursuant to Rule 
62-213.300(2)(a)1., F.A.C., or Rule 62-213.430(6)(b), F.A.C[,],''. 
Insignificant activities are not considered major emitting activities 
for the purposes of a title V permitting, so this text is clarifying 
that the rule does not apply to insignificant activities.
    Paragraph 62-296.570(3) is proposed for removal from the SIP. 
Currently, subparagraph 62-296.570(3)(a) requires an owner or operator 
of any emission unit subject to the Rule to apply for a new or revised 
permit to operate in accordance with 62-296.570 by March 1, 1993, 
unless a later filing date is specified by FL DEP in writing. 
Subparagraph (3)(b) extends the expiration date of existing operation 
permits for any emission unit subject to the requirements of this rule 
if the existing permit would expire between the effective date of the 
section and March 1, 1993, or any later filing date specified by the 
Department, unless a permit is revoked or suspended. All affected 
facilities already have operating permits and the date for compliance 
with this rule has passed; therefore, these rules are no longer needed 
in the SIP.
    Subparagraphs 62-296.570(4)(a)1. and 2. are also proposed for 
removal from the SIP. Currently, subparagraph 62-296.570(4)(a)1. 
requires applicants for a new or revised operation permit for an 
emissions unit subject to the rule to propose a schedule implementing 
RACT emission limiting standards no later than May 31, 1995. Further, 
the emissions unit must demonstrate compliance with the RACT emission 
limiting standards in accordance with the schedule specified in its air 
operation permit. Subparagraph (4)(a)2. requires that fuel specific 
NOX and VOC emission limits established under Rule 62-
296.570 are incorporated into the new or revised operation permit for 
each emissions unit and become effective in accordance with the terms 
of the permit. All affected facilities were those outlined in 
paragraphs 62-296.570(3)(a) and (b). The requirements in subparagraphs 
(4)(a)1. and (4)(a)2 have already been met for those operating permits 
and the date for compliance with the subparagraphs has passed; 
therefore, these rules are no longer needed in the SIP and their 
removal will not alter current regulatory requirements.
    Subparagraph 62-296.570(4)(b)1. is proposed for removal from the 
SIP. Currently, subparagraph 62-296.570(4)(b)1. requires that emissions 
of NOX from any rear wall-fired, forced circulation, 16-
burner, compact furnace shall not exceed 0.20 lb/MMBtu while firing 
natural gas, and 0.36 lb/MMBtu while firing oil. However, the emission 
units subject to the provision, FP&L Port Everglades Units 1 and 2, 
were permanently shut down. Further, as discussed above, since the Rule 
only applies to existing emission units, this subparagraph does not 
apply to any future units. Additionally, any future major units would 
undergo major new source review under Chapter 62-212. For these 
reasons, this subparagraph is no longer needed in the SIP.
    Subparagraph 62-296.570(4)(b)2. is proposed for removal from the 
SIP. Currently, subparagraph 62-296.570(4)(b)2. requires that 
NOX emissions from any front wall fired, natural 
circulation, 18-burner, compact furnace shall not exceed 0.40 lb/MMBtu 
while firing natural gas and 0.53 lb/MMBtu while firing oil. However, 
the emission units subject to this provision, FP&L Port Everglades 
Units 3 and 4, and Turkey Point Units 1 and 2, were permanently shut 
down. Further, since the Rule only applies to existing emission units, 
this subparagraph does not apply to any future units. Additionally, any 
future major units would undergo major new source review under Chapter 
62-212. For these reasons, this rule subparagraph is no longer needed 
in the SIP.
    Subparagraph 62-296.570(4)(b)3. is proposed for removal from the 
SIP. Currently, subparagraph 62-296.570(4)(b)3. requires that 
NOX emissions from any front wall fired, natural 
circulation, 24-burner, compact furnace shall not exceed 0.50 lb/MMBtu 
while firing natural gas and 0.62 lb/MMBtu while firing oil. However, 
the emission units subject to this provision, FP&L Riviera Beach Units 
3 and 4, were permanently shut down. Further, since the Rule only 
applies to existing emission units, this subparagraph does not apply to 
any future units. Additionally, any future major units would undergo 
major new source review under Chapter 62-212. For these reasons, this 
subparagraph is no longer needed in the SIP.
    Subparagraph 62-296.570(4)(b)4. is proposed for removal from the 
SIP. Currently, subparagraph 62-296.570(4)(b)4. requires that 
NOX emissions from any tangentially fired, low heat release, 
large furnace shall not exceed 0.20 lb/MMBtu while firing natural gas. 
However, the emission units subject to this provision, FP&L Cutler 
Units 3 and 4, were permanently shut down. Further, since the Rule only 
applies to existing emission units, this subparagraph does not apply to 
any future units. Additionally, any future major units would undergo 
major new source review under chapter 62-212. For these reasons, this 
rule subparagraph is no longer needed in the SIP.\13\
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    \13\ EPA is not proposing to approve the change to subparagraph 
62-296.570(4)(b)9. transmitted in the April 1, 2022, submittal in 
this document, and will address this change in a separate action.
---------------------------------------------------------------------------

    Subparagraph 62-296.570(4) is further revised to update cross-
references and to clarify that not all testing is for determining 
compliance. The first language change replaces the word ``Compliance'' 
in the phrase ``Compliance Dates and Monitoring'' in (4)(a) to 
``Emissions Testing.'' Another language change removes the phrase 
``compliance with the emission limits established in this rule shall be 
demonstrated by'' as unnecessarily descriptive text in subparagraph 
(4)(a)3. A reference update in the revision removes the cross-reference 
to Rule 62-297.401, Compliance Test Methods, which as noted previously, 
EPA has removed from the SIP.\14\ This cross-reference described the 
applicable EPA reference methods used to conduct annual emissions 
testing for emission units not equipped with continuous emission 
monitoring systems for NOX or VOCs. Florida replaces this 
cross-reference with the phrase ``as described in 40 CFR part 60, 
Appendices A-1 through A-8, adopted and incorporated by reference at 
Rule 62-204.800''. Florida makes these same cross-reference changes to 
paragraph (4)(b)9.
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    \14\ See 83 FR 13875 (April 2, 2018).
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    EPA has evaluated the State's non-interference demonstration and is 
proposing to find that the changes to Rule 62-296.570 would not 
interfere with any requirement concerning attainment and RFP, or any 
other

[[Page 29596]]

applicable requirement of the CAA for the reasons discussed above.

III. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with the requirements of 1 CFR 51.5, as discussed in sections I and II 
of the preamble, EPA is proposing to incorporate by reference: Florida 
Rule 62-296.405, Fossil Fuel Steam Generators with More than 250 
million Btu per Hour Heat Input, which modifies stationary source 
emission standards for fossil fuel-fired steam generators in the 
Florida SIP, state-effective July 10, 2014, and Florida Rule 62-
296.570, Reasonably Available Control Technology (RACT)--Requirements 
for Major VOC- and NOX-Emitting Facilities, which modifies stationary 
source emission standards for major VOC and NOX facilities 
in the Florida SIP, state effective July 10, 2014, except for 
subparagraph 62-296.570(4)(b)9.\15\ 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).
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    \15\ Subparagraph 62-296.570(4)(b)9. will remain in the SIP with 
a state effective date of November 23, 1994.
---------------------------------------------------------------------------

IV. Proposed Action

    For the reasons discussed above, EPA is proposing to approve the 
portion of Florida's April 1, 2022, SIP revision seeking to amend Rules 
62-296.405 and 62-296.570.

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 
proposes to approve state law as meeting Federal requirements and 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 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 CAA; and
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the 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.
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
Feb. 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    The air agency did not evaluate EJ considerations as part of its 
SIP submittal; the CAA and applicable implementing regulations neither 
prohibit nor require such an evaluation. EPA did not perform an EJ 
analysis and did not consider EJ in this proposed action. Due to the 
nature of the action being proposed here, this proposed action is 
expected to have a neutral to positive impact on the air quality of the 
affected area. Consideration of EJ is not required as part of this 
proposed action, and there is no information in the record inconsistent 
with the stated goal of E.O. 12898 of achieving EJ for people of color, 
low-income populations, and Indigenous peoples.

List of Subjects in 40 CFR Part 52

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

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

    Dated: April 27, 2023.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2023-09328 Filed 5-5-23; 8:45 am]
BILLING CODE 6560-50-P


