[Federal Register Volume 88, Number 88 (Monday, May 8, 2023)]
[Proposed Rules]
[Pages 29598-29616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09106]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2022-0892; FRL-10928-01-R4]


Air Plan Approval; Florida; Revision of Excess Emissions 
Provisions and Emission Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve State Implementation Plan (SIP) revisions submitted by the 
State of Florida on November 22, 2016, and supplemented on September 
30, 2022, through the Florida Department of Environmental Protection 
(FDEP). The November 22, 2016, SIP revision is in response to EPA's SIP 
call published on June 12, 2015, concerning excess emissions during 
startup, shutdown, and malfunction (SSM) events. The September 30, 
2022, supplemental SIP revision addresses additional SSM-related rule 
amendments identified by the State and the addition of source specific 
sulfur dioxide (SO2) and nitrogen oxide (NOX) 
emission limits. EPA proposes to find that Florida's SIP revisions 
provided November 22, 2016, and September 30, 2022, correct the 
deficiencies identified in EPA's 2015 SIP call, and thus is proposing 
to approve these SIP revisions.

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

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2022-0892 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

[[Page 29599]]

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 https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Joel Huey, Manager, 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. The telephone number is 
(404) 562-9104. Mr. Huey can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Analysis of the Florida Submittals
    A. EPA's Analysis of Florida's Excess Emissions Rule SIP 
Revision Submitted November 22, 2016
    B. EPA's Analysis of Florida's Supplemental SSM SIP Revision 
Submitted September 30, 2022
    1. Rule Section 62-296.402, F.A.C., Sulfuric Acid Plants (SAPs)
    2. Rule Section 62-296.405, F.A.C., Existing Fossil Fuel Steam 
Generators With Greater Than or Equal to 250 Million British Thermal 
Unit (Btu) Per Hour Heat Input
    3. Rule Section 62-296.408, F.A.C., Nitric Acid Plants (NAPs)
    4. Rule Section 62-296.570, F.A.C., Reasonably Available Control 
Technology (RACT)--Requirements for Major VOC- and NOX-
Emitting Facilities
    5. Florida's Source-Specific SO2 and NOX 
Emission Limits
    i. Methodology for Developing Continuous SO2 Emission 
Limits
    ii. Methodology for Developing Continuous NOX 
Emission Limits
    iii. Nutrien White Springs, Emissions Units 066 and 067 (SAPs E 
and F)
    iv. Mosaic Fertilizer, South Pierce Facility, Emissions Units 
004 and 005 (SAPs 10 and 11)
    v. Tampa Electric Company (TECO)-Polk Power Station, Emissions 
Unit 004, SAP
    vi. SAPs With Previously Approved Source-Specific Emissions
    vii. Ascend Pensacola, Emissions Unit 042, NAP
    viii. Trademark Nitrogen, Emissions Unit 001, NAP
III. Proposed Actions
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    On February 22, 2013, EPA issued a notice of proposed rulemaking 
outlining EPA's policy at the time with respect to SIP provisions 
related to periods of SSM. EPA analyzed specific SSM SIP provisions and 
explained how each one either did or did not comply with the Clean Air 
Act (CAA or Act) with regards to excess emission events. For each SIP 
provision that EPA determined to be inconsistent with the CAA, EPA 
proposed to find that the existing SIP provision was substantially 
inadequate to meet CAA requirements and thus proposed to issue a SIP 
call under CAA section 110(k)(5). On September 17, 2014, EPA issued a 
document supplementing and revising what the Agency had previously 
proposed on February 22, 2013, in light of a United States Court of 
Appeals for the District of Columbia Circuit decision that determined 
the CAA precludes authority of EPA to create affirmative defense 
provisions applicable to private civil suits. EPA outlined its updated 
policy that affirmative defense SIP provisions are not consistent with 
CAA requirements. EPA proposed in the supplemental proposal document to 
apply its revised interpretation of the CAA to specific affirmative 
defense SIP provisions and proposed SIP calls for those provisions 
where appropriate. See 79 FR 55920 (September 17, 2014).
    On June 12, 2015, pursuant to CAA section 110(k)(5), EPA finalized 
``State Implementation Plans: Response to Petition for Rulemaking; 
Restatement and Update of EPA's SSM Policy Applicable to SIPs; Findings 
of Substantial Inadequacy; and SIP Calls to Amend Provisions Applying 
to Excess Emissions During Periods of Startup, Shutdown and 
Malfunction,'' hereinafter referred to as the ``2015 SSM SIP Action.'' 
See 80 FR 33840 (June 12, 2015). The 2015 SSM SIP Action clarified, 
restated, and updated EPA's interpretation that SSM exemption and 
affirmative defense SIP provisions are inconsistent with CAA 
requirements. The 2015 SSM SIP Action found that certain SIP provisions 
in 36 states, including Florida, were substantially inadequate to meet 
CAA requirements and issued a SIP call to those states to submit SIP 
revisions to address the inadequacies. EPA established an 18-month 
deadline by which the affected states had to submit such SIP revisions. 
States were required to submit corrective revisions to their SIPs in 
response to the SIP calls by November 22, 2016.
    EPA issued a memorandum in October 2020 (2020 Memorandum), which 
stated that certain provisions governing SSM periods in SIPs could be 
viewed as consistent with CAA requirements.\1\ Importantly, the 2020 
Memorandum stated that it ``did not alter in any way the determinations 
made in the 2015 SSM SIP Action that identified specific state SIP 
provisions that were substantially inadequate to meet the requirements 
of the Act.'' Accordingly, the 2020 Memorandum had no direct impact on 
the SIP call issued to Florida in 2015. The 2020 Memorandum did, 
however, indicate EPA's intent at the time to review SIP calls that 
were issued in the 2015 SSM SIP Action to determine whether EPA should 
maintain, modify, or withdraw particular SIP calls through future 
agency actions.
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    \1\ October 9, 2020, memorandum ``Inclusion of Provisions 
Governing Periods of Startup, Shutdown and Malfunctions in State 
Implementation Plans.''
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    On September 30, 2021, EPA's Deputy Administrator withdrew the 2020 
Memorandum and announced EPA's return to the policy articulated in the 
2015 SSM SIP Action (2021 Memorandum).\2\ As articulated in the 2021 
Memorandum, SIP provisions that contain exemptions or affirmative 
defense provisions are not consistent with CAA requirements and, 
therefore, generally are not approvable if contained in a SIP 
submission. This policy approach is intended to ensure that all 
communities and populations, including minority, low-income and 
indigenous populations overburdened by air pollution, receive the full 
health and environmental protections provided by the CAA.\3\ The 2021 
Memorandum also retracted the prior statement from the 2020 Memorandum 
regarding EPA's plans to review and potentially modify or withdraw 
particular SIP calls. That statement no longer reflects EPA's intent. 
EPA intends to implement the principles laid out in the 2015 SSM SIP 
Action as the Agency acts on SIP submissions, including the November 
22, 2016, SIP submittal provided by FDEP in response to the 2015 SIP 
call.
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    \2\ September 30, 2021, memorandum ``Withdrawal of the October 
9, 2020, Memorandum Addressing Startup, Shutdown, and Malfunctions 
in State Implementation Plans and Implementation of the Prior 
Policy.''
    \3\ See 80 FR 33839, 33985.
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    In the 2015 SSM SIP Action, EPA determined that Florida 
Administrative Code Rules (hereinafter referred to as ``Rules'') 62-
210.700(1), 62-210.700(2), 62-210.700(3), and 62-210.700(4) are

[[Page 29600]]

substantially inadequate to meet CAA requirements. See 80 FR 33839, 
33962 (June 12, 2015). In the existing Florida SIP, Rule 62-210.700(1) 
provides that excess emissions resulting from SSM modes of operation 
for any emissions unit ``shall be permitted'' if the best operational 
practices to minimize those emissions is employed and the duration of 
the excess emissions does not exceed two hours in a 24-hour period. 
Rules 62-210.700(2) and .700(3) provide specifically that excess 
emissions from fossil fuel steam generators resulting from startup or 
shutdown or from boiler cleaning (soot blowing) and load change, 
respectively, ``shall be permitted'' if the best operational practices 
to minimize the emissions and duration of excess emissions are 
employed. Finally, SIP-called Rule 62-210.700(4) provides that excess 
emissions which are caused entirely or in part by ``poor maintenance, 
poor operation, or any other equipment or process failure which may 
reasonably be prevented'' during SSM ``shall be prohibited.'' The 
rationale underlying EPA's determination that Rules 62-210.700(1), (2), 
(3) and (4) were substantially inadequate to meet CAA requirements, and 
therefore should be included in the 2015 SSM SIP Action to remedy the 
deficiencies, is detailed in the 2015 SSM SIP Action and accompanying 
proposals.
    On November 22, 2016, FDEP submitted a revision to the Florida SIP 
(hereinafter referred to as Florida's ``Excess Emissions Rule SIP 
Revision'') in response to the 2015 SSM SIP Action. In that revision, 
FDEP requests EPA approval of the following changes to the Florida SIP: 
(1) removal of Rule 62-210.700(4) with the addition of equivalent 
language to Rules 62-210.700(1) and (2); (2) amendment of Rule 62-
210.700(3) to amend the particulate matter (PM) limits applicable 
during boiler cleaning (soot blowing) and load changes by removing the 
statement that excess emissions during these periods ``shall be 
permitted,'' removing the exemption for pollutants other than PM and 
visible emissions, and removing a specific allowance for visible 
emissions which exceed 60 percent opacity for up to four six-minute 
periods during the 3-hour period of excess emissions allowed for soot 
blowing or load change; (3) addition of Rule 62-210.700(6) which states 
that Rules 62-210.700(1) and (2) shall not apply after May 22, 2018, to 
either category-specific or unit-specific limits that have been 
incorporated into Florida's SIP; and (4) addition of Rule 62-
210.700(7), which states that after the effective date of the rule 
change (October 23, 2016), Rules 62-210.700(1) and (2) shall not apply 
to new permit-specific emission limits established pursuant to 
Florida's Prevention of Significant Deterioration (PSD) and 
Nonattainment New Source Review (NNSR) regulations (Rules 62-212.400 
and 62-210.500).
    On September 30, 2022, FDEP submitted a supplemental revision 
(hereinafter referred to as Florida's ``Supplemental SSM SIP 
Revision'') to the State's November 22, 2016, Excess Emissions Rule SIP 
Revision. In the Supplemental SSM SIP Revision, FDEP includes 
``alternative SIP emission limits for those SIP emission limits that 
[FL] DEP identified as problematic'' if applied continuously and 
several changes to language throughout Chapter 62-296. The State 
requests EPA approval of the following changes: (1) amendment of 
existing Rule 62-296.405, ``Fossil Fuel Steam Generators with More Than 
250 Million Btu Per Hour Heat Input'' and Rule 62-296.570, ``Reasonably 
Available Control Technology (RACT)--Requirements for Major VOC- and 
NOX-Emitting Facilities'' to clarify how emissions are 
calculated, including during periods of startup, shutdown, and 
malfunction; (2) addition of emissions-unit-specific SO2 and 
NOX emission limits for certain sulfuric acid plants (SAPs) 
and nitric acid plants (NAPs) in Florida; (3) removal of SO2 
emission limits in Rule 62-296.402, ``Sulfuric Acid Plants''; and (4) 
removal of NOX emission limits in Rule 62-296.408, ``Nitric 
Acid Plants.''

II. Analysis of the Florida Submittals

A. EPA's Analysis of Florida's Excess Emissions Rule SIP Revision 
Submitted November 22, 2016

    The SIP-called provisions of Rules 62-210.700(1), (2), and (3) 
provide that excess emissions ``shall be permitted'' under certain 
circumstances and thus provide that such excess emissions will not be 
violations, which is inconsistent with CAA sections 110(a)(2)(A), 
110(a)(2)(C), and 302(k). The SIP-called provision of Rule 62-
210.700(4) provides that excess emissions caused entirely or in part by 
poor maintenance, poor operation, or any other equipment or process 
failure that may reasonably be prevented during periods of SSM are 
prohibited. As EPA has previously noted, such a provision ``does not 
negate the underlying problem of providing exemptions for the excess 
emissions in the first instance.'' See 78 FR 12459, 12503 (February 22, 
2013).
    Florida's Excess Emissions Rule SIP Revision makes changes to Rule 
62-210.700 to address the specific deficiencies identified in the 2015 
SSM SIP Action. Florida has added new Rule 62-210.700(6),\4\ which 
provides that paragraphs .700(1) and .700(2) shall no longer apply for 
purposes of the SIP after May 22, 2018. Specifically, Rule 62-
210.700(6) provides that these paragraphs will not apply to limits in 
Chapter 62-296 that are incorporated or will be incorporated into the 
SIP, nor will they apply to unit-specific emission limits which have 
been or will be incorporated into the SIP. This covers all SIP emission 
limits, since FDEP establishes its applicable limits in Chapter 62-296 
and otherwise would submit to EPA unit-specific emission limits via 
source-specific SIP revisions for incorporation into the SIP at 40 CFR 
52.520(d). Because May 22, 2018, has passed, EPA's proposed approval of 
Florida's Excess Emissions Rule SIP Revision, if finalized, would 
effectively remove Rules 62-210.700(1) and .700(2) from the SIP. The 
only changes made to Rule 62-210.700(1) and .700(2) are to remove the 
word ``operational'' in describing the requirement that sources adhere 
to best practices during periods of SSM and the addition of the 
prohibitory provision from existing Rule 62-210.700(4) (which is being 
deleted, as discussed below). EPA proposes to find that the addition of 
new Rule 62-210.700(6) addresses the deficiencies in .700(1) and 
.700(2) that EPA identified in the 2015 SSM SIP Action.
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    \4\ The removal of 62-210.700(4) causes the renumbering of 
existing paragraphs 62-210.700(5) and .700(6) to .700(4) and 
.700(5), respectively.
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    The SIP-called version of Rule 62-210.700(3) allows excess 
emissions ``from existing fossil fuel steam generators resulting from 
boiler cleaning (soot blowing) and load change.'' As explained in the 
2015 SSM SIP Action, such exemptions are inconsistent with CAA 
requirements. The changes to Rule 62-210.700(3) transmitted in 
Florida's Excess Emissions Rule SIP Revision include: replacement of 
the term ``Excess'' with ``Visible''; deletion of the term ``shall be 
permitted''; deletion of the exemption for visible emissions above 60 
percent opacity during up to 24 total minutes over a 3-hour period for 
periods of soot blowing or load change; linguistic changes to the 
opacity and PM limits applicable during ``boiler cleaning (soot 
blowing) and load change''; and exclusion of startup and shutdown from, 
plus non-substantive changes to, the definition of load change. The 
effect of deleting the statement that excess emissions ``shall be 
permitted'' during soot blowing or load change is the removal of the

[[Page 29601]]

exemption for such excess emissions. So, rather than permitting excess 
emissions during such periods and specifically allowing for visible 
emissions above 60 percent opacity during up to 24 total minutes over a 
3-hour period for periods of soot blowing or load change, the revised 
rule only retains the existing requirement that opacity during these 
periods may not exceed 60 percent opacity for the 6-minute averaging 
time for up to 3 hours in any 24-hour period. Additionally, the 
corresponding PM limit is also retained. Thus, the revised version of 
Rule 62-210.700(3) no longer allows for exempt periods during which no 
standard applies to the affected facilities and makes it more stringent 
than the current SIP-approved version of the rule.
    As noted above, Rule 62-210.700(4) is removed, but the same 
language from that provision is added at Rules .700(1) and .700(2). 
This is not a specific change to the treatment of excess emissions 
under these provisions but given the addition of Rule 62-210.700(6), 
covered in more detail below, these provisions do not apply after May 
22, 2018, and thus will have no effect in the SIP.
    Rule 62-210.700(6) is a new provision which terminates the 
applicability of Rules 62-210.700(1) and .700(2) after May 22, 2018, 
for emission limits or unit-specific emission limits that have been 
incorporated into Florida's SIP. According to Florida's Supplemental 
SSM SIP Revision, the purpose of this provision was to provide ``time 
to develop and submit alternative SIP emission limits for those limits 
that would be problematic if they applied at all times.''
    Rule 62-210.700(7) is a new provision which terminates the 
applicability of paragraphs 62-210.700(1) and .700(2) on October 23, 
2016, for new permit-specific emission limits established pursuant to 
Florida's PSD and NNSR regulations (Rules 62-212.400 and 62-210.500). 
With the addition of this rule, Florida establishes that emission 
limits incorporated into Florida's permits via the State's SIP-approved 
major new source review program apply at all times.
    EPA proposes to find that with the addition of paragraph 62-
210.700(6) and the removal of other exemptions for transient modes of 
operation in 62-210.700(3), emission limits incorporated into Florida's 
SIP apply at all times, including periods of SSM. Moreover, EPA is 
proposing to find that the addition of 62-210.700(7) ensures that 
emission limits incorporated into Florida construction permits will not 
allow excess emissions during periods of SSM. Therefore, based on 
Florida's changes to Rule 62-210.700 and the State's request to 
incorporate the revised language in the Florida SIP, EPA proposes to 
find that Florida's Excess Emissions Rule SIP Revision is consistent 
with CAA requirements and adequately addresses the specific 
deficiencies that EPA identified in the 2015 SSM SIP Action with 
respect to Rule 62-210.700 in the Florida SIP.

B. EPA's Analysis of Florida's Supplemental SSM SIP Revision Submitted 
September 30, 2022

    Florida's Supplemental SSM SIP Revision requests that EPA approve 
multiple changes to Florida's SIP as discussed in the following 
sections. The changes include SSM-related amendments to Rule 62-
296.402, ``Sulfuric Acid Plants,'' Rule 62-296.405, ``Fossil Fuel Steam 
Generators with More Than 250 Million Btu Per Hour Heat Input,'' Rule 
62-296.408, ``Nitric Acid Plants,'' and Rule 62-296.570, ``Reasonably 
Available Control Technology (RACT)--Requirements for Major VOC- and 
NOX-Emitting Facilities,'' and the addition of emissions-
unit-specific SO2 and NOX emission limits for 
certain SAPs and NAPs located within the State of Florida.
1. Rule Section 62-296.402, Sulfuric Acid Plants (SAPs)
    In the Supplemental SSM SIP Revision, FDEP proposes several 
amendments to Rule 62-296.402, ``Sulfuric Acid Plants.'' Specifically, 
FDEP proposes deletion of the production-based SO2 emission 
limits in renumbered Rules 62-296.402(2)(a)2., 62-296.402(2)(b)2., and 
62-296.402(3)(b) from the SIP. Those production-based SO2 
emission limits were written in units of pounds per ton of 100 percent 
acid produced (pounds per ton (lbs/ton)) and, when adopted decades ago 
into Florida's first SIP, were not intended to be applicable during 
periods of SSM because (1) the methodology to calculate compliance with 
a rolling three-hour production-based limit is skewed by the lack of 
production during hours of startup and shutdown, and (2) the 
corresponding New Source Performance Standard (NSPS) at 40 CFR part 60, 
subpart H, on which the Florida emission limit for new units is based, 
exempted periods of SSM via performance testing requirements in subpart 
A to part 60 in the original promulgation of part 60 and as 
subsequently clarified.\5\
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    \5\ See 36 FR 24876 (December 23, 1971), 42 FR 57125 (November 
1, 1977).
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    The SIP-called version of Rule 62-210.700 allows excess emissions 
during periods of SSM. Eleven SAPs that are otherwise subject to Rule 
62-296.402 are already subject to SIP-approved pound-per-hour 
SO2 emission limits which apply at all times, including 
during SSM, imposed to attain and maintain the 2010 SO2 
NAAQS.\6\ To replace the deleted production-based SO2 
emission limits, FDEP is proposing to incorporate new SO2 
emission limits in units of pounds per hour (lbs/hr) based on a longer-
term averaging period (specifically, either 6-hour or 24-hour averages, 
as opposed to the 3-hour average limit in Rule 62-296.402) for the 
remaining SAPs in Florida. The remaining SAPs are Emissions Units 066 
and 067 at the White Springs Agricultural Chemicals, Inc., Suwannee 
River/Swift Creek Complex (Nutrien White Springs); Emissions Units 004 
and 005 at the Mosaic Fertilizer, South Pierce Facility (Mosaic South 
Pierce); and Emissions Unit 004 at the TECO Polk Power Station (TECO-
Polk).
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    \6\ See 82 FR 30749 (July 3, 2017), 85 FR 9666 (February 20, 
2020).
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    The proposed SO2 emission limits for these facilities 
apply at all times, including periods of SSM, and are at least as 
stringent as the current SO2 limits in Florida's SIP in Rule 
62-296.402. Construction permits containing the proposed SO2 
emission limits for these emissions units have been issued by FDEP, and 
relevant portions of those permits are included in the Supplemental SSM 
SIP Revision for incorporation into the SIP. Sections II.B.5.iii-v of 
this notice of proposed rulemaking (NPRM) provide a detailed discussion 
of the emissions-unit-specific SO2 emission limits, the 
methodology used for developing the new emission limits, and the 
technical demonstration showing that these limits are at least as 
stringent as the existing emission limits at Rule 62-296.402 proposed 
for deletion.
    Additionally, FDEP has renumbered existing provisions in Rule 62-
296.402 with the addition of paragraph .402(1). This new paragraph 
provides that the SO2 emission limits do not apply to SAPs 
which are subject to the applicable NSPS at 40 CFR part 60, subpart H. 
Instead of revising the rule applicability for SIP purposes with new 
paragraph .402(1), FDEP has elected to remove the SO2 
emission limits directly from the SIP and replace them with new, 
source-specific emission limits. Thus, FDEP has not requested that EPA 
incorporate Rule 62-296.402(1), 62-296.402(2)(a)2., 62-296.402(2)(b)2., 
or

[[Page 29602]]

62-296.402(3)(b), as renumbered, into the SIP.
    Finally, FDEP is revising Rule 62-296.402(6), as renumbered from 
.402(5), to change the excess emissions reporting requirement from 
quarterly to semi-annual. This revision to the frequency of reporting 
is consistent with EPA regulations at 40 CFR part 51, appendix P, as 
revised August 14, 2020. See 85 FR 49596. Paragraph .402(5), as 
renumbered from .402(4), requires that facilities producing more than 
300 tons per day (tpd) of sulfuric acid must install and operate 
continuous emissions monitoring systems (CEMS). Paragraph .402(6), as 
renumbered from .402(5), requires the SAPs which install and operate 
CEMS to make semi-annual reports of excess emissions, including the 
nature and cause of the excess emissions. In the original promulgation 
of Appendix P to 40 CFR part 51 \7\ and the promulgation of early 
revisions to the NSPS the same day,\8\ EPA required quarterly reporting 
of such excess emissions. When FDEP promulgated requirements for SAPs 
at Rule 62-296.402, it regulated sources subject to both Appendix P of 
part 51 and the NSPS, and the quarterly reporting requirement aligned 
with federal minimum requirements. Since that time, EPA has revised 
both the NSPS and Appendix P to allow for less frequent (namely, semi-
annual) reporting of excess emissions.9 10 Additionally, 
EPA's title V major source operating permit program regulations, 
promulgated in 1992, require semi-annual reporting.\11\
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    \7\ See 40 FR 46240 (October 6, 1975).
    \8\ See 40 FR 46250 (October 6, 1975).
    \9\ See 61 FR 47840 (September 11, 1996).
    \10\ See 85 FR 49596 (August 14, 2020).
    \11\ See 57 FR 32250 (July 21, 1992) and 40 CFR 
70.6(a)(3)(iii)(A).
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    Section 110(l) of the CAA provides that EPA shall not approve a 
revision to a plan if the revision would interfere with any applicable 
requirement concerning attainment and reasonable further progress, or 
any other applicable requirement of the CAA. The proposed revision to 
the frequency of the excess emissions reporting requirement in the 
Florida SIP for Rule 62-296.402 will not override any more stringent 
reporting requirements,\12\ will not cause any changes in allowable 
pollutant emissions, and will not otherwise interfere with the State's 
ability to attain and maintain the national ambient air quality 
standards (NAAQS) or interfere with any other applicable CAA 
requirement. Furthermore, this change makes Florida's reporting 
requirements consistent with the federal requirements in Appendix P to 
part 51, the NSPS, and other major source reporting required for title 
V major sources.
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    \12\ To the extent any sources are required by other CAA 
requirements to submit continuous opacity monitoring reports more 
frequently, those requirements will continue to apply and will not 
be impacted by these proposed revisions.
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    EPA is also proposing to approve the portion of Florida's 
Supplemental SSM SIP Revision that removes the existing SO2 
limit from Rule 62-296.402 and incorporate the source-specific permit 
limits into the SIP because the source-specific emission limits 
submitted to EPA, or previously approved by EPA for some sources, are 
continuous and at least as stringent as the existing SIP-approved limit 
in this rule. See sections II.B.5.i, iii-vi of this NPRM for a detailed 
analysis of EPA's proposal to remove the existing SO2 limit 
from Rule 62-296.402.
2. Rule 62-296.405, Existing Fossil Fuel Steam Generators With Greater 
Than or Equal to 250 Million Btu Per Hour Heat Input
    Florida's Supplemental SSM SIP Revision transmits several changes 
to Rule 62-296.405. First, the title is revised from ``Fossil Fuel 
Steam Generators with More Than 250 Million Btu Per Hour Heat Input'' 
to ``Existing Fossil Fuel Steam Generators with Greater than or Equal 
to 250 Million Btu Per Hour Heat Input.'' The revised title clarifies 
that this section is only applicable to existing units with a heat 
input rate equal to or greater than 250 million Btu per hour. Next, a 
similar clarifying change is made to add a new paragraph 62-296.405(1), 
which specifies applicability. This new paragraph defines an 
``existing'' fossil fuel steam generator as one in existence, in 
operation, under construction, or which had received a permit to begin 
construction prior to January 18, 1972. EPA is proposing to find that 
this provision aligns with the definition of ``existing emission unit'' 
already SIP-approved at Rule 62-210.200 and clarifies that only 
existing emission units are subject to Rule 62-296.405. The existing 
SIP-approved rule specifies SIP emission limits for existing emission 
units and contains a paragraph addressing new emissions units that 
simply refers to applicable NSPS. A SIP revision submitted on April 1, 
2022, seeks to remove the paragraph covering ``new emission units'' 
which would allow for the changes described above. EPA is proposing to 
act on the April 1, 2022, SIP revision in a separate rulemaking. EPA 
will not finalize the changes described above unless EPA finalizes the 
removal of the paragraph covering ``new emission units.''
    Next, the Supplemental SSM SIP Revision renumbers Rule 62-
296.405(1)(a) to Rule 62-296.405(2), and renumbers Rule 62-
296.405(1)(b) to Rule 62-296.405(3). Paragraph .405(3), as renumbered, 
is revised to require stack testing to demonstrate compliance unless a 
PM CEMS is used, specify the manner of demonstrating compliance when a 
PM CEMS is used, and add a definition for the term ``operating day.'' 
Under the existing SIP rule, the PM emission limit applicable to 
existing sources only requires compliance to be determined via 
``applicable compliance methods.'' In the Supplemental SSM SIP 
Revision, FDEP notes that, pursuant to existing Rule 62-296.405(1)(e)2, 
the applicable compliance methods would be either stack testing or PM 
CEMS. Where PM CEMS are required, such as for sources subject to 
Appendix P of 40 CFR part 51 or subject to the NSPS, the definition of 
``operating day'' utilized in this provision is consistent with the 
definition of ``boiler operating day'' defined in the NSPS at 40 CFR 
part 60, subpart D.\13\ FDEP specifies the averaging period applicable 
to the PM emission limit as a 30-operating day limit. Prior to this 
change, no averaging time was specified for this emission limit, and 
the SIP did not require compliance with the emission limit during 
periods of SSM. EPA is proposing to find that these changes clarify the 
existing emission limit, specify appropriate methods for determining 
compliance, and ensure that periods of non-compliance during periods of 
SSM can be evaluated, consistent with the removal of exemptions from 
applicable SIP emission limits in the Excess Emissions Rule SIP 
Revision.
---------------------------------------------------------------------------

    \13\ The definition is also consistent with: ``boiler operating 
day'' at 40 CFR part 60, subpart Da for units constructed, 
reconstructed, or modified after February 28, 2005; ``steam 
generating unit operating day'' at 40 CFR part 60, subpart Db; and 
``steam generating unit operating day'' at 40 CFR part 60, subpart 
Dc.

---------------------------------------------------------------------------

[[Page 29603]]

    Florida's Supplemental SSM SIP Revision then renumbers Rule 62-
296.405(1)(c) to Rule 62-296.405(4), renumbers provisions 62-
296.405(1)(c)1 through (1)(c)2.c to 62-296.405(4)(a) through 
(4)(b)3,14 15 adds language requiring demonstration of 
compliance by fuel sampling unless a SO2 CEMS is used, and 
specifies the manner of demonstrating compliance when a SO2 
CEMS is used. Under the existing SIP rule, the SO2 emission 
limits applicable to existing sources only require compliance to be 
determined via ``applicable compliance methods.'' In Florida's 
Supplemental SSM SIP Revision, FDEP notes that the applicable 
compliance methods at existing Rule 62-296.405(1)(e)3 would be either 
fuel sampling or SO2 CEMS. Where SO2 CEMS are 
required, such as for sources subject to Appendix P of 40 CFR part 51 
or subject to the NSPS, FDEP specifies the averaging period applicable 
to the SO2 emission limit as a 24-hour block average limit. 
Prior to this change, no averaging time was specified for certain 
applicable emission limits, and the SIP did not require compliance with 
the emission limits during periods of SSM. EPA is proposing to find 
that these changes clarify the existing emission limits, specify 
appropriate methods for determining compliance, and ensure that 
instances of non-compliance during periods of SSM can be evaluated, 
consistent with the removal of exemptions from applicable SIP emission 
limits in the Excess Emissions Rule SIP Revision.
---------------------------------------------------------------------------

    \14\ On March 30, 2023, Florida provided a partial withdrawal 
and clarification letter related to the April 1, 2022, and September 
30, 2022, SIP revisions. In this letter, FDEP withdraws the removal 
of requirements at 62-296.405(1)(c)1.g. and 62-296.405(1)(d)2. as 
transmitted in the April 1, 2022, SIP revision, from EPA 
consideration. The letter further clarifies that with the retention 
of these requirements for Florida Power and Light's Manatee Power 
Plant in the April 1, 2022, SIP revision, the State is amending its 
request for what will be part of the SIP with the approval of the 
September 30, 2022, SIP revision. FDEP requests that EPA recodify 
these provisions along with other relevant renumbering to 62-
296.405(3)(a)7. and 62-296.405(5)(b), respectively. This letter is 
in the docket for this proposed action.
    \15\ The September 30, 2022, SIP revision shows that Rule 62-
296.405(1)(c)2.d is proposed to be renumbered to 62-296.405(4)(b)4; 
however, EPA notes that the April 1, 2022, SIP revision proposes to 
remove this specific provision from the SIP and includes a 
noninterference demonstration pursuant to CAA section 110(l). As 
noted previously in this NPRM, EPA is addressing the April 1, 2022, 
changes in Rule 62-296.405 in a separate rulemaking. EPA believes 
the September 30, 2022, SIP revision does not intend to reintroduce 
this provision for approval into the SIP.
---------------------------------------------------------------------------

    Florida's Supplemental SSM SIP Revision also renumbers Rule 62-
296.405(1)(d) to Rule 62-296.405(5); renumbers provisions 62-
296.405(1)(d)1 through (1)(d)4 to 62-296.405(5)(a) through (5)(d), 
respectively; adds language requiring demonstration of compliance by 
stack testing unless a NOX CEMS is used; and specifies the 
manner of demonstrating compliance when a NOX CEMS is 
used.\16\ Under the existing SIP rule, the NOX emission 
limits applicable to existing sources only requires compliance to be 
determined via ``applicable compliance methods.'' In this SIP revision, 
FDEP notes that the applicable compliance methods at existing Rule 62-
296.405(1)(e)4. would be either stack testing or NOX CEMS. 
Where NOX CEMS are required, such as for sources subject to 
Appendix P of 40 CFR part 51 or subject to the NSPS, FDEP specifies the 
averaging period applicable to the NOX emission limit as a 
30-operating day average limit. Prior to this change, the applicable 
emission limits did not specify any averaging times, and the SIP did 
not require compliance with the emission limits during periods of SSM. 
EPA is proposing to find that these changes clarify the existing 
emission limits, specify appropriate methods for determining 
compliance, and ensure that periods of non-compliance during periods of 
SSM can be evaluated, consistent with the removal of exemptions from 
applicable SIP emission limits in the Excess Emissions Rule SIP 
revision.
---------------------------------------------------------------------------

    \16\ See supra note 14.
---------------------------------------------------------------------------

    Next, Florida's Supplemental SSM SIP Revision renumbers Rule 62-
296.405(1)(e) to Rule 62-296.405(6); renumbers Rules 62-296.405(1)(e)1 
and 2 to Rules 62-296.405(6)(a) and (6)(b), respectively; adds language 
specifying that a PM CEMS may be used for demonstrating compliance with 
the PM limit in Rule 62-296.405(3) in lieu of EPA Methods 17, 5, 5B or 
5F (i.e., in lieu of stack testing); and requires that any such PM CEMS 
must comply with EPA's Performance Specification 11 of 40 CFR part 60, 
Appendix B, as adopted and incorporated by reference into Rule 62-
204.800.\17\ The Supplemental SSM SIP Revision then renumbers Rules 62-
296.405(1)(e)3 and (e)4 to Rules 62-296.405(6)(c) and (6)(d), 
respectively, and further amends Rule 62-296.405(6)(d) to exclusively 
require a NOX CEMS for determining compliance, removing the 
references to stack testing for NOX. This change means that 
the remaining existing emissions units subject to Rule 62-296.405(5) 
are required to install and operate CEMS for NOX emissions. 
This provision continues to require CEMS to meet the requirements of 40 
CFR part 75, as adopted and incorporated by reference in Rule 62-
204.800. Additionally, Rule 62-296.405(1)(e)5 is renumbered to Rule 62-
296.405(6)(e), and Rule 62-296.405(1)(f) through (1)(f)2 are renumbered 
to Rule 62-296.405(7) through (7)(b), respectively.
---------------------------------------------------------------------------

    \17\ Rule 62-204.800 adopts and incorporates by reference 
Federal rules cited throughout FDEP's air pollution rules.
---------------------------------------------------------------------------

    Finally, Florida's Supplemental SSM SIP Revision renumbers Rules 
62-296.405(1)(g) and .405(3) to Rules 62-296.405(8) and .405(9), 
respectively, and makes additional changes to 62-296.405(8). 
Specifically, the revisions to Rule 62-296.405(8) change the frequency 
at which excess emissions reports are required to be submitted from 
quarterly to semi-annual, define the period covered by each semi-annual 
report, and define the submittal deadline for each report. The change 
in reporting frequency is consistent with the minimum reporting 
requirements of Appendix P to 40 CFR part 51. As discussed in section 
II.B.1, revising the frequency of reports of excess emissions to align 
with the federal minimum requirements and with other overlapping 
requirements, such as title V reporting, will not override any more 
stringent reporting requirements, will not cause any changes in 
allowable pollutant emissions, and will not otherwise interfere with 
the State's ability to attain and maintain the NAAQS or interfere with 
any other applicable CAA requirement, and as such, is consistent with 
CAA section 110(l). Therefore, because the changes to Rule 62-296.405 
are generally clarifying in nature and consistent with federal 
requirements, EPA is proposing to approve these changes submitted in 
Florida's Supplemental SSM SIP Revision.
3. Rule Section 62-296.408 Nitric Acid Plants
    In Florida's Supplemental SSM SIP Revision, FDEP proposes several 
changes to Rule 62-296.408, ``Nitric Acid Plants.'' Specifically, 
Florida's Supplemental SSM SIP Revision deletes the production-based 
short-term 3-hour average NOX emission limit of 3.0 lbs/ton 
of 100 percent acid produced in Rule 62-296.408(2) and deletes the 
NOX test methods listed in Rule 62-296.408(3)(b) (which 
prescribe stack testing), and it marks both deleted provisions as 
``[Reserved].'' The existing Rule 62-296.408(2) production-based 
NOX emission limit of 3.0 lbs/ton of 100 percent acid 
produced was not originally intended to be applicable during periods of 
SSM because (1) the methodology to calculate compliance with a rolling 
three-hour production-

[[Page 29604]]

based limit is skewed by the lack of production during hours of startup 
and shutdown, and (2) the corresponding NSPS at 40 CFR part 60, subpart 
G, on which the Florida emission limit for new units is based, exempted 
periods of SSM via performance testing requirements in subpart A to 
part 60 in the original promulgation of part 60 and as subsequently 
clarified.\18\ The current SIP-approved version of Rule 62-210.700 
provided that excess emissions during periods of SSM were allowed.
---------------------------------------------------------------------------

    \18\ See supra note 5.
---------------------------------------------------------------------------

    There are currently two NAPs in Florida subject to this Rule, 
Ascend Pensacola and Trademark Nitrogen. To replace the deleted 
production-based limits, FDEP is proposing to incorporate into the SIP 
a NOX emission limit of 2.6 lbs/ton of 100 percent nitric 
acid produced based on a longer-term (720-hour) averaging period for 
Emissions Unit 042 at Ascend Pensacola and a NOX emission 
limit of 2.6 lbs/ton of nitric acid produced based on a longer-term 
(30-day) averaging period for Emissions Unit 001 at Trademark Nitrogen. 
Although 720 hours is equivalent to 30 days, these two different 
rolling averages result in slightly different recordkeeping: Ascend 
Pensacola demonstrates compliance on an hourly rolling average, whereas 
Trademark Nitrogen demonstrates compliance on a daily rolling average. 
Both proposed longer-term NOX emission limits, which apply 
at all times, including periods of SSM, are comparably stringent to the 
current NOX emission limit of 3.0 lbs/ton of 100 percent 
acid produced in Rule 62-296.408. For both Ascend Pensacola and 
Trademark Nitrogen, FDEP is also proposing to incorporate into the SIP 
shorter-term 3-hour average emission limits of 3.0 lbs/ton of 100 
percent nitric acid produced, which do not apply during periods of SSM. 
Thus, for steady-state operation, the NOX emission limit in 
existing Rule 62-296.408 will be carried forward as source-specific 
emission limits for both facilities.
    FDEP has issued construction permits containing the proposed 
longer-term NOX emission limits as well as the short-term 
NOX emission limit of 3.0 lbs/ton of 100 percent acid 
produced, which is proposed for deletion from the SIP but will continue 
to exist in the permits. Therefore, Ascend Pensacola and Trademark 
Nitrogen will be subject to both the same 3-hour average NOX 
emission limit of 3.0 lbs/ton of 100 percent acid produced, which 
specifically excludes periods of SSM, as well as the continuous 30-day 
(or, for Ascend Pensacola, 720-hour) average NOX emission 
limit of 2.6 lbs/ton of 100 percent acid produced. Thus, these 
facilities are subject to two limits, one which is continuous, i.e., 
applies at all times, and therefore provides a limit that covers 
periods of SSM.
    EPA is proposing to approve Florida's Supplemental SSM SIP Revision 
to remove the existing NOX limit from Rule 62-296.408 and 
incorporate the source-specific permit limits because the source-
specific emission limits submitted to EPA are continuous and at least 
as stringent as the existing SIP-approved limit. Refer to sections 
II.B.5.i, vii and viii of this NPRM for further discussion on the 
emissions-unit-specific NOX emission limits, the methodology 
used for developing those emission limits, and the rationale for the 
substitution of these limits for the existing SIP-approved emission 
limits included at 62-296.408, which support EPA's proposed action.
4. Rule Section 62-296.570, Reasonably Available Control Technology 
(RACT)--Requirements for Major VOC- and NOX-Emitting 
Facilities
    In Florida's Supplemental SSM SIP Revision, FDEP proposes to revise 
Rule Section 62-296.570, ``Reasonably Available Control Technology 
(RACT)--Requirements for Major VOC- and NOX-Emitting 
Facilities.'' Specifically, FDEP amends Rule 62-296.570(4)(c) by 
deleting the term ``Exception'' from the prefatory text and ``at all 
times except'' as a limitation on the applicability of the emission 
limits in the Rule. The proposed amendment removes an exception for 
periods of SSM, ensuring that RACT emission limits in Rule 62-296.570 
apply at all times and during all modes of operation, consistent with 
revised Rule 62-210.700. Therefore, EPA is proposing to approve this 
change to Rule 62-296.570 because this language, as revised, is 
consistent with the 2015 SSM Policy.
5. Florida's Source-Specific SO2 and NOX Emission 
Limits
    On June 2, 2010, the EPA Administrator signed a final rule setting 
a new SO2 NAAQS as a 1-hour standard of 75 parts per billion 
(ppb), based on a 3-year average of the annual 99th percentile of 1-
hour daily maximum concentrations. See 75 FR 35520 (June 22, 2010). 
That action also revoked the 1971 annual and 24-hour SO2 
NAAQS, subject to certain conditions. Whenever a NAAQS is revised, the 
CAA requires EPA to designate areas throughout the United States as 
attaining or not attaining the NAAQS; this designation process is 
described in section 107(d)(1) of the CAA. See 75 FR 35520. EPA 
completed four ``rounds'' of designations for the 2010 1-hour 
SO2 NAAQS.\19\ In two of these rounds of air quality 
designations, three areas in Florida were designated nonattainment.\20\
---------------------------------------------------------------------------

    \19\ See Sulfur Dioxide Designations--Regulatory Actions, 
https://epa.gov/sulfur-dioxide-designations/sulfur-dioxide-designations-regulatory-actions.
    \20\ See 78 FR 47191 (August 5, 2013), 83 FR 1098 (January 9, 
2018).
---------------------------------------------------------------------------

    To assist states in demonstrating attainment with the primary 2010 
1-hour SO2 NAAQS, EPA issued a guidance document titled 
``Guidance for 1-Hour SO2 Nonattainment Area SIP 
Submissions'' (SO2 Nonattainment Guidance) on April 23, 
2014.\21\ The SO2 Nonattainment Guidance provides EPA's 
recommended procedures for demonstrating that a nonattainment area will 
attain the 2010 1-hour SO2 NAAQS. Among other things, it 
provides guidance for using a statistical analysis to determine NAAQS-
protective longer-term emission limits for sources with variable 
emissions. This procedure involves compiling a representative 
distribution, or sample set, of actual emissions data on a 1-hour 
average, using these data to compute a corresponding distribution of 
longer-term emission averages, and then calculating the ratio of the 
99th percentile of the longer-term values to the 99th percentile of the 
hourly values. The calculation of this ``equivalency ratio'' of 99th 
percentile emissions results in the relative ``smoothing'' of emissions 
values recorded in the shorter-term averaging period by reducing the 
variability in the data assessed and can be used to scale down the 
value of a longer-term average emission limit to make it comparably 
stringent to a shorter-term average emission limit.
---------------------------------------------------------------------------

    \21\ See SO2 Nonattainment Guidance, https://www.epa.gov/so2-pollution/guidance-1-hour-sulfur-dioxide-so2-nonattainment-area-state-implementation-plans-sip.
---------------------------------------------------------------------------

    In accordance with the SO2 Nonattainment Guidance, an 
analysis for determining a NAAQS-protective longer-term average 
emission limit requires determination of a ``critical emission value'' 
(CEV), that is, the maximum 1-hour emissions rate that provides for 
attainment as indicated by modeling. Once determined through modeling, 
the CEV is adjusted downward by the equivalency ratio to obtain a lower 
emission rate of comparable stringency to the modeled 1-hour average 
emission rate. The longer the averaging period, the smaller the 
equivalency ratio will be. Comparison of the modeled 1-hour limit to 
longer-term

[[Page 29605]]

(e.g., 6-hour, 24-hour, 720-hour) average limits, in particular an 
assessment of whether the longer-term average limit may be of 
comparable stringency to the 1-hour CEV, is critical for demonstrating 
that any longer-term average limit in the SIP will ensure that the SIP 
will provide for attainment and maintenance of the 1-hour NAAQS. 
Florida employed this approach to develop limits for several SAPs in 
its nonattainment areas and in one unclassifiable area, as designated 
at the time of the SIP revisions containing those limits. All 
SO2 nonattainment and unclassifiable areas in Florida have 
since been redesignated to attainment or attainment/unclassifiable.\22\
---------------------------------------------------------------------------

    \22\ See 84 FR 17085 (April 24, 2019), 84 FR 60927 (November 12, 
2019), and 85 FR 9666 (February 20, 2020).
---------------------------------------------------------------------------

    The Supplemental SSM SIP Revision contains longer-term average 
emission limits which are comparably stringent to a shorter-term 
average limit as it seeks to replace SIP emission limits for SAPs and 
NAPs that are based on a 3-hour average and only applicable to steady-
state operation with continuous emission limits that also apply during 
periods of SSM. The use of longer-term averaging periods could help to 
help account for the additional variability in emissions introduced 
when considering all modes of operation. More detail is provided with 
respect to the NAPs and the remaining SAPs in the State in the 
following sections.
i. Methodology for Developing Continuous SO2 Emission Limits
    In the Supplemental SSM SIP Revision, Florida proposes use of a 
similar approach for developing longer-term average SO2 
emission limits which are of comparable stringency to the current 
shorter-term (3-hour) SO2 emission limits in Florida's SIP. 
Currently, SO2 emissions for new SAPs are limited by Rule 
62-296.402(2) to 4.0 lbs/ton of acid produced, averaged over a 3-hour 
period. Comparable longer-term (24-hour) emission limits were 
calculated by substitution of the Rule 62-296.402(2) emission limit of 
4.0 lbs/ton of acid produced in place of a CEV. Using this approach, 
FDEP proposes source-specific permit limits that are comparably 
stringent to the current SIP-approved emission limits, but which allow 
for emissions variability (e.g., during periods of startup).
    Making use of available CEMS data, FDEP compared the 99th 
percentile 3-hour average emission values to the 99th percentile 24-
hour average emission values to develop the source-specific equivalency 
ratios. To be additionally conservative, FDEP also compared the 99th 
percentile 1-hour average emission values, which would include more 
data variability than the 3-hour values, to the 99th percentile 24-hour 
average emission values to develop alternative equivalency ratios. As 
Florida sought to establish a mass-based (hourly) emission limit, the 
State multiplied the capacity of the SAPs by the Rule 62-296.402 
production-based limit to determine the maximum hourly emissions 
permitted for steady-state periods. An appropriate longer-term emission 
limit was then calculated as the product of the hourly representation 
of the Rule 62-296.402(2) emission limit and the equivalency ratio at 
the selected longer-term averaging period. FDEP then worked with the 
sources to develop continuous longer-term average emission limits in 
construction permits and submit those permit conditions for 
incorporation into the SIP. In each case, the SAPs were permitted with 
emission limits at least as stringent as the methodology for 
determining a comparably stringent longer-term average emission limit 
and either equivalency ratio would produce. Table 1 shows equivalency 
ratios over different averaging times for the Nutrien White Springs and 
Mosaic South Pierce SAPs. The TECO Polk SAP is not included in Table 1, 
because this unit is not equipped with CEMS data, which is discussed in 
further detail in section II.B.5.v of this NPRM. The other 11 SAPs 
subject to Rule 62-296.402 at Mosaic Fertilizer's Riverview facility 
(Mosaic Riverview), Mosaic Fertilizer's Bartow facility (Mosaic 
Bartow), and Mosaic Fertilizer's New Wales facility (Mosaic New Wales) 
are not included in Table 1, because these SAPs already have continuous 
limits approved into the SIP, which is discussed in further detail in 
section II.B.5.vi of this NPRM.

                            Table 1--Calculated Equivalency Ratios for SO2 Emissions
----------------------------------------------------------------------------------------------------------------
                                                                    Equivalency     Equivalency     Equivalency
               Facility                      Emissions unit       ratio (6-hr:1-  ratio (24-hr:1- ratio (24-hr:3-
                                                                        hr)             hr)             hr)
----------------------------------------------------------------------------------------------------------------
Nutrien White Springs.................  066-SAP E...............           0.976           0.940           0.950
                                        067-SAP F...............           0.963           0.899           0.914
Mosaic South Pierce...................  004-#10 SAP.............           0.991           0.986           0.991
                                        005-#11 SAP.............           0.986           0.969           0.976
----------------------------------------------------------------------------------------------------------------

    Scaling the hourly emissions by an equivalency ratio in Table 1 
provides a comparably stringent mass-based limit. As an example, the 
calculation for Mosaic South Pierce would be as follows. The #10 and 
#11 SAPs each have a capacity of 3,000 tons of sulfuric acid produced 
per day, so the equivalent mass-based emissions (lbs/hr) are determined 
by:
[GRAPHIC] [TIFF OMITTED] TP08MY23.000

    The collective emissions across both SAPs is then 1,000 lbs/hr 
SO2. The average of the two 24-hr:1-hr equivalency ratios 
for these units would be 0.978. The adjustment to the longer-term 
average comparably stringent emission cap across both units would be:

[[Page 29606]]

[GRAPHIC] [TIFF OMITTED] TP08MY23.001

    For comparison purposes, the equivalent maximum production-based 
emissions would be:
[GRAPHIC] [TIFF OMITTED] TP08MY23.002

    The final selected ratio is 0.750, as agreed upon by FDEP and 
Mosaic South Pierce, and is described in further detail in section 
B.5.iv of this NPRM. At the final selected ratio of 0.750, the selected 
longer-term average comparably stringent emission limit would be:
[GRAPHIC] [TIFF OMITTED] TP08MY23.003

    The final equivalent mass rate for comparison purposes would be:
    [GRAPHIC] [TIFF OMITTED] TP08MY23.004
    
ii. Methodology for Developing Continuous NOX Emission 
Limits
    On January 22, 2010, EPA strengthened the health-based standard for 
nitrogen dioxide (NO2) by setting a new 1-hour standard of 
100 ppb. In addition to establishing an averaging time and level, the 
EPA Administrator also set a new form for the standard. The form for 
the 1-hour NO2 standard is the 3-year average of the 98th 
percentile of the annual distribution of daily maximum 1-hour average 
concentrations. The rule also retained, with no change, the current 
annual average NO2 standard of 53 ppb. See 75 FR 6474 
(February 9, 2010). No areas in Florida were designated nonattainment 
for the 2010 NO2 NAAQS.\23\
---------------------------------------------------------------------------

    \23\ See 77 FR 9532 (February 17, 2012).
---------------------------------------------------------------------------

    Florida uses an approach similar to the methodology employed to 
develop its proposed longer-term average SO2 emission limits 
for developing proposed longer-term average NOX emission 
limits which are of comparable stringency to the shorter-term 
NOX emission limit currently in Florida's SIP. Currently, 
NOX emissions for new and existing NAPs are limited by Rule 
62-296.408(2) to 3.0 lbs/ton of 100 percent nitric acid produced. 
Comparable longer-term (720-hour and 30-day) NOX emission 
limits were calculated by applying the comparably stringent concept 
utilized in the SO2 Guidance to the Rule 62-296.408(2) 
emission limit of 3.0 lbs/ton of 100 percent acid produced. In other 
words, FDEP used the current SIP-approved NOX emission limit 
to develop the new longer-term average continuous emission limit.
    The production-based ratio of lb NOX/ton of nitric acid 
produced is skewed during periods where nitric acid production is 
significantly decreased, such as startup or shutdown. Accordingly, the 
variability in those periods may not reflect the variability in 
NOX emissions coming out of the stack, as the ratio of 
emissions/production can be altered by either component. To evaluate 
the actual variability in emissions, FDEP analyzed the CEMS data in 
lbs/hr to determine the equivalency ratios rather than the change in 
emission-to-production ratios over time. Specifically, FDEP compared 
the 98th percentile 1-hour and 3-hour average emission values in lbs/hr 
to the 98th percentile 30-day average emission values to develop the 
source-specific equivalency ratios.\24\ The continuous, source-specific 
emission limit was then calculated as the product of the Rule 62-
296.408(2) emission limit and the equivalency ratio at the selected 
longer-term averaging period.
---------------------------------------------------------------------------

    \24\ While the 2010 NO2 NAAQS, like the 2010 
SO2 NAAQS, utilizes a 1-hour averaging period, the form 
of the NO2 NAAQS is the 98th percentile rather than the 
99th percentile.
---------------------------------------------------------------------------

    The State subsequently worked with the sources to develop 
continuous longer-term average emission limits in construction permits 
and submit those permit conditions for incorporation into the SIP. The 
NAPs were permitted with emission limits at least as stringent as the 
methodology for determining a comparably stringent longer-term average 
emission limit and either equivalency ratio would produce. Table 2 
shows equivalency ratios over different averaging times for the Ascend 
Pensacola NAP. The Trademark Nitrogen NAP is not included in Table 2 
because, although this unit is equipped with CEMS, that source's data 
is not digitized and readily available for this type of analysis. The 
Ascend Pensacola data was utilized for both NAPs subject to Rule 62-
296.408. This

[[Page 29607]]

is discussed in further detail in section II.B.5.viii of this NPRM.

                            Table 2--Calculated Equivalency Ratios for NOX Emissions
----------------------------------------------------------------------------------------------------------------
                                                                                  Equivalency      Equivalency
                   Facility                             Emissions unit          ratio (720-hr:1- ratio (720-hr:3-
                                                                                      hr)              hr)
----------------------------------------------------------------------------------------------------------------
Ascend Pensacola.............................  042--NAP.......................           0.950            0.958
----------------------------------------------------------------------------------------------------------------

    Scaling the existing steady-state SIP limit by an equivalency ratio 
in Table 2 provides a comparably stringent longer-term average emission 
limit. Scaling the production-based limit by the equivalency ratio is 
the same as scaling the maximum hourly emissions and subsequently 
converting it to the equivalent ratio of pounds per ton (lbs/ton) of 
nitric acid produced at the maximum throughput. The Ascend Pensacola 
NAP has a capacity of 1,500 tons of nitric acid produced per day, so 
the equivalent mass-based emissions (lbs/hr) are determined by:
[GRAPHIC] [TIFF OMITTED] TP08MY23.005

    The adjustment to the longer-term average comparably stringent 
emission cap with use of the 720-hr:1-hr equivalency ratio of 0.950 
would be:
[GRAPHIC] [TIFF OMITTED] TP08MY23.006

    The final selected ratio is 0.867, as agreed upon by FDEP and 
Ascend Pensacola, and is described in further detail in section B.5.vii 
of this NPRM. At the final selected ratio of 0.867, the selected 
longer-term average comparably stringent emission limit would be:
[GRAPHIC] [TIFF OMITTED] TP08MY23.007

    While a final longer-term average mass-based emission limit in lbs/
hr is more straightforward, the State can set the final longer-term 
average limit as a production-based limit in units of lbs/ton of nitric 
acid produced. A source is more vulnerable to periods of low production 
of nitric acid with the emission limit in the lbs/ton of nitric acid 
form because such periods of low production can skew the ratio high, 
even if NOX emissions from the source have not significantly 
increased. However, with the 720-hour and 30-day rolling averaging 
times, these periods of low production will not be as likely to result 
in noncompliance as the 3-hour averaging time for the Rule 62-296.408 
limit would be. Generally, in periods with decreased production of 
nitric acid, the source is still motivated to compensate with decreased 
emissions to bring the ratio of lbs/ton of nitric acid produced 
downward. In the alternative, should the source emit at significantly 
higher lbs/hr rates, the source would be unable to compensate by 
increasing the production of nitric acid beyond what the unit is rated 
for. Therefore, the lbs/ton of nitric acid produced form of the 
emission limit is not less stringent than a mass-based (lbs/hr) 
emission limit would be.
    Based on the modified methodology (i.e., substituting 
SO2 and NOX emission limits from Rules 62-
296.402(2) and 62-296.408(2) for the modeled CEV in the SO2 
Guidance), FDEP proposes that emissions-unit-specific emission limits 
be incorporated into the SIP as comparably stringent longer-term 
emission limits, thereby providing continuous emission limits for these 
facilities upon approval of Florida's Supplemental SSM SIP Revision. 
These emission limits would be applicable at all times and during all 
modes of

[[Page 29608]]

operation, including periods of SSM. Each emission limit was included 
in construction permits issued recently by FDEP. Using this approach, 
any emission limit established for a source with an averaging time 
longer than one hour would be set at a level that is sufficiently lower 
to provide a comparable degree of stringency as the existing 3-hour SIP 
emission limit. The adjusted longer-term limit would allow occasional 
emission spikes above the limit during shorter averaging periods, but 
this adjusted limit would also require emissions to be lower for most 
of the averaging period than they would be required to be with a 3-hour 
emission limit. Thus, the longer-term average emission limit, when 
adjusted for comparable stringency, will result in reduced overall 
allowable emissions at the longer-term averaging time and beyond, and 
will require the source to minimize any excursions above the previous 
3-hour averaging period. The development of these emission limits for 
each facility, and assessment of the impacts to the SIP, are discussed 
in greater detail in sections II.B.5.iii-viii below.
iii. Nutrien White Springs, Emissions Units 066 and 067 (SAPs E and F)
    Permit 0470002-132-AC, issued to Nutrien White Springs on September 
22, 2022, imposes a combined longer-term SO2 emissions cap 
of 840 lbs/hr, based on a 24-hour block averaging period (0600 hours to 
0600 hours) for SAPs E and F, requires that initial and ongoing 
compliance demonstrations be based on SO2 CEMS data, and 
specifies recordkeeping requirements applicable to the combination of 
Emissions Unit 066 (SAP E) and Emissions Unit 067 (SAP F). By permit, 
these conditions became effective January 1, 2023. SAPs E and F are 
both subject to this SO2 emissions cap during all times of 
operation, including periods of SSM; however, the 24-hour block average 
must omit data generated during any hours when both SAPs are not 
operating. Florida's Supplemental SSM SIP Revision requests that EPA 
incorporate this emissions limit and associated monitoring, 
recordkeeping, and reporting requirements into the SIP.
    The longer-term SO2 emission cap is in addition to an 
existing 3-hour rolling average SO2 emission limit of 2.6 
lbs/ton of sulfuric acid produced, which does not include periods of 
SSM, and a 365-day rolling average SO2 emission limit of 2.3 
lbs/ton of sulfuric acid produced on a 365-day rolling average that 
does include SSM. Florida also submitted the 3-hour rolling average and 
365-day rolling average limits to EPA for incorporation into the SIP 
via an October 8, 2021, SIP revision, which EPA will address in a 
separate action.
    The longer-term 24-hour SO2 emission limit was 
calculated based on an equivalency ratio of 0.916, which FDEP and 
Nutrien White Springs agreed upon as a conservative equivalency ratio. 
The agreed-upon equivalency ratio corresponds with the lower end of the 
calculated 24-hour to 3-hour equivalency ratios for SAPs E and F listed 
in Table 1 and is less than the average of the two equivalency ratios 
calculated for these emissions units and, therefore, results in a more 
stringent emission limit across the two SAPs. The proposed 
SO2 emission limit of 840 lbs/hr (24-hour average) is based 
on concurrent operation of SAPs E and F at the maximum permitted hourly 
throughput rate for each unit. Table 3 compares the existing Rule limit 
to the proposed source-specific SIP limit.

                        Table 3--Nutrien White Springs, Comparison of Existing Rule and Proposed Source-Specific Emission Limits
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Current production-based SIP limit \a\            Proposed source-specific SIP limit \b\
                                                     ---------------------------------------------------------------------------------------------------
                                                                                                           Combined
                                                                         Combined         Combined      calculated SO2
            Emission unit              Sulfuric acid  SO2 limit (lbs/ calculated SO2  maximum  annual     production    Combined hourly      Combined
                                      capacity (tpd)     ton acid         hourly       SO2 emissions    emission (lbs/  SO2 limit (lbs/   maximum annual
                                                      produced)  [3-  emissions (lbs/    (tpy) \c\       ton) [24-hr    hr) [24-hr avg]   SO2 emissions
                                                          hr avg]     hr) [3-hr avg]                         avg]                             (tpy)
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
066 (SAP E).........................           2,750               4             917           4,015              3.67             840             3,679
067 (SAP F).........................           2,750               4
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Rule 62-296.402(2).
\b\ Permit No. 0470002-132-AC. Based on an equivalency ratio of 0.916 agreed upon by FDEP and Nutrien.
\c\ tpy = tons per year.

    Regarding the two SAPs at Nutrien White Springs, EPA has evaluated 
the incorporation of the new hourly emission limit against removal of 
the historical production-based limits in Rule 62-296.402 from the SIP 
considering the requirements of CAA section 110(l), which provides that 
EPA shall not approve a revision to a plan if the revision would 
interfere with any applicable requirement concerning attainment and 
reasonable further progress, or any other applicable requirement of the 
CAA. In its submission, FDEP provides an analysis utilizing a 
methodology similar to the approach outlined in the SO2 
Nonattainment Guidance for developing a long term, 24-hr block 
averaging period (0600 hours to 0600 hours) SO2 emission 
limit, applicable at all times during operation, for the combination of 
Emissions Units 006 (SAP E) and 067 (SAP F) at the Nutrien White 
Springs facility that is comparably stringent to the Rule 62-296.402(2) 
SO2 emission limit in Florida's SIP.
    Given that the proposed source-specific hourly limit applies at all 
times, it is more stringent for periods of SSM than the existing Rule 
62-296.402 limit, which does not apply during these periods. 
Furthermore, EPA is proposing to find that the source-specific emission 
limit is consistent with the 2015 SSM Policy and helps FDEP achieve 
consistency with the 2015 SSM SIP Action across its SIP by eliminating 
an emission limit that does not apply at all times and including an 
emission limit that applies at all times. Table 3 shows that the new 
source-specific limit is comparably stringent to the existing Rule 62-
296.402 3-hour emission limit for non-SSM periods of operation. 
Additionally, Florida selected a 24-hour average source-specific 
emission limit that is more stringent than one calculated using the 
equivalency ratios in Table 1 (840 lbs/hr versus 844 lbs/hr). 
Therefore, EPA does not expect emissions to increase as a result of 
removing the existing Rule 62-296.402 production-based emission limit. 
Additionally, EPA notes that these units remain subject to the 
equivalent 3-hour average emission limit covering steady-

[[Page 29609]]

state operation pursuant to 40 CFR part 60, subpart H. Thus, the 3-hour 
average allowable emissions applicable to steady-state (non-SSM) 
operation will not be relaxed, even with the removal of the Rule 62-
296.402 3-hour emission limit.
    The proposed 24-hour SO2 emission limit for SAPs E and F 
at Nutrien White Springs is of comparable stringency to the emission 
limit in Rule 62-296.402. Because the facility will have a permanent 
and federally enforceable SIP-approved emission limit that is 
comparably stringent to the existing Rule limit and that applies at all 
times, EPA proposes to remove the emission limit at Rule 62-
296.402(2)(b) from the SIP.
iv. Mosaic Fertilizer, South Pierce Facility, Emissions Units 004 and 
005 (SAPs 10 and 11)
    Permit 1050055-037-AC, issued to Mosaic South Pierce on September 
22, 2022, imposes a combined longer-term SO2 emissions cap 
of 750 lbs/hr based on a 24-hour block averaging period (0600 hours to 
0600 hours) for SAP #10 and #11, specifies initial and ongoing 
compliance demonstrations be based on SO2 CEMS data, and 
specifies recordkeeping requirements applicable to the combination of 
Emissions Unit 004 (SAP #10) and Emissions Unit 005 (SAP #11). By 
permit, the conditions became effective April 1, 2023. SAP #10 and #11 
are collectively subject to a longer-term SO2 emissions cap 
during all times of operation, including periods of SSM. The 24-hour 
block average does not include any hours during which both SAPs are not 
operating. Florida's Supplemental SSM SIP Revision requests that EPA 
incorporate these emissions limits and associated monitoring, 
recordkeeping, and reporting requirements into the SIP.
    The longer-term 24-hour SO2 emissions cap was calculated 
based on an equivalency ratio of 0.750, which FDEP and Mosaic agreed 
upon as a conservative ratio. This factor is far less than the 
calculated 24-hour to 3-hour equivalency ratios for SAPs #10 and #11, 
as shown in Table 1, and results in proposed source-specific SIP 
emission limits that are more conservative than called for by the 
comparable stringency approach. The proposed SO2 emission 
limit of 750 lbs/hr (24-hour average) is based on concurrent operation 
of SAP 10 and SAP 11 at the maximum permitted hourly throughput rate 
for each unit. Table 4 compares the existing Rule limit to the proposed 
source-specific SIP limit.

                   Table 4--Mosaic Fertilizer, South Pierce, Comparison of Existing Rule and Proposed Source-Specific Emission Limits
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Current production-based SIP limit \a\           Proposed source-specific SIP limit \b\
                                                       -------------------------------------------------------------------------------------------------
                                                                                                          Calculated SO2
                                         Sulfuric acid  SO2 limit (lbs/    Combined         Combined        production       Combined        Combined
             Emission unit              capacity (tpd)     ton acid     calculated SO2   maximum annual  emissions (lbs/    hourly SO2    maximum annual
                                                         produced) [3-      hourly       SO2 emissions     ton) [24-hr    limit (lbs/hr)   SO2 emissions
                                                            hr avg]     emissions (lbs/      (tpy)             avg]         [24-hr avg]        (tpy)
                                                                        hr) [3-hr avg]
--------------------------------------------------------------------------------------------------------------------------------------------------------
4 (#10 SAP)...........................           3,000               4           1,000           4,380                 3             750           3,285
5 (#11 SAP)...........................           3,000               4
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Rule 62-296.402(2).
\b\ Permit No. 1050046-083-AC. Based on an equivalency ratio of 0.750 agreed upon by FDEP and Mosaic.

    Regarding the two SAPs at Mosaic South Pierce, EPA has evaluated 
incorporation of the new hourly emission limit against the removal of 
the historical production-based limits in Rule 62-296.402 from the SIP 
considering the requirements of CAA section 110(l). In its submission, 
FDEP provides an analysis utilizing a methodology similar to the 
approach outlined in the SO2 Nonattainment Guidance for 
developing a long term, 24-hr block averaging period (0600 hours to 
0600 hours), SO2 emission limit, applicable at all times 
during operation, for the combination of Emissions Units 004 and 005 at 
Mosaic South Pierce that is comparably stringent to the Rule 62-
296.402(2) SO2 emission limit in Florida's SIP.
    Given that the proposed source-specific hourly limit applies at all 
times, it is more stringent for periods of SSM than the Rule limit, 
which does not apply during these periods. Furthermore, EPA is 
proposing to find that the source-specific emission limit is consistent 
with the 2015 SSM Policy and helps FDEP achieve consistency with the 
2015 SSM SIP Action across its SIP. Table 4 shows that the new source-
specific limit is comparably stringent to the existing Rule 62-296.402 
3-hour emission limit for non-SSM periods of operation. Florida 
selected a 24-hour average source-specific emission limit that is more 
stringent than one calculated using the equivalency ratios in Table 1 
(750 lbs/hr versus 978 lbs/hr). Therefore, EPA does not expect 
emissions to increase as a result of removing the existing Rule 62-
296.402 production-based emission limit. Additionally, EPA notes that 
these units remain subject to the equivalent 3-hour average emission 
limit covering steady-state operation pursuant to 40 CFR part 60, 
subpart H. Thus, the 3-hour average allowable emissions applicable to 
steady-state (non-SSM) operation will not be relaxed, even with the 
removal of the Rule 62-296.402 3-hour emission limit.
    The 24-hour SO2 emission limit for SAPs 10 and 11 at the 
Mosaic South Pierce is of comparable stringency to the emission limits 
in Rule 62-296.402. Because the facility will have a permanent and 
federally enforceable SIP-approved emission limit that is as stringent 
as the Rule limit and that applies at all times, EPA proposes to remove 
the emission limit at Rule 62-296.402(2)(b) from the SIP.
v. TECO-Polk Power Station, Emissions Unit 004, SAP
    Permit 1050233-050-AC, issued to TECO-Polk on September 21, 2022, 
imposes a longer-term SO2 emission limit of 48.0 lbs/hr, 
based on a 6-hour average, specified SO2 emissions testing 
by stack test (EPA Method 6C), and adds recordkeeping and recording 
requirements applicable to the facility's SAP. By permit, these 
conditions became effective January 1, 2023. Florida's Supplemental SSM 
SIP Revision requests that EPA incorporate this emissions limit and 
associated

[[Page 29610]]

monitoring, recordkeeping, and reporting requirements into the SIP.
    TECO-Polk is not equipped with a SO2 CEMS, as the 
facility has never been subject to the NSPS at 40 CFR part 60, subpart 
H, and is not subject to Appendix P of 40 CFR part 51. Thus, Florida 
chose to select a longer-term average emission limit that would still 
allow for stack testing to determine compliance. The State determined 
that six 1-hour stack test runs could be utilized for a slightly 
longer-term, 6-hour average emission limit, and that this averaging 
timeframe would help to account for additional variability in the 
emissions when applying the limit to all modes of operation. The 
selected 6-hour emission limit was adjusted downward from the hourly 
expression of the production-based 3-hour average SIP emission limit, 
from 49.8 lbs/hr to 48.0 lbs/hr, to account for possible excursions 
above the limit during shorter averaging periods. The State checked 
this new emission limit against 6-hour:3-hour and 6-hour:1-hour 
equivalency ratios for Nutrien White Springs and Mosaic South Pierce 
SAPs which are equipped with CEMS. Calculated equivalency ratios for 
these sulfuric acid plants are listed in Table 1. The selected limit is 
consistent with the smallest fractional 6-hour:1-hour equivalency ratio 
of 0.963 across these SAPs, calculated for SAP F at the Nutrien White 
Springs. The 6-hour average emission limit is applicable at all times 
during operation, including periods of SSM. The proposed SO2 
emission limit of 48.0 lbs/hr (6-hour average) is based on operation of 
the SAP at TECO-Polk at the maximum permitted hourly throughput rate. 
Table 5 compares the existing Rule limit to the proposed source-
specific emission limit.

                       Table 5--TECO Polk Power Station, Comparison of Existing Rule and Proposed Source-Specific Emission Limits
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Current production-based SIP limit \a\          Proposed source-specific SIP limit \b\
                                                        ------------------------------------------------------------------------------------------------
                                                                                            Maximum    Calculated SO2
             Emission unit               Sulfuric acid   SO2 limit (lbs/   Calculated SO2    annual      production        Hourly SO2     Maximum annual
                                         capacity (tpd)      ton acid          hourly         SO2      emissions (lbs/   limit (lbs/hr)   SO2 emissions
                                                         produced) [3-hr  emissions (lbs/  emissions   ton) [6-hr avg]     [6-hr avg]         (tpy)
                                                               avg]        hr) [3-hr avg]    (tpy)
--------------------------------------------------------------------------------------------------------------------------------------------------------
004...................................             299                4             49.8   218.3                 3.85             48.0            214.6
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Rule 62-296.402(2).
\b\ Permit No. 1050233-050-AC.

    As noted previously, the TECO-Polk SAP is not equipped with a 
SO2 CEMS. EPA also notes that annual SO2 
potential emissions from the TECO-Polk SAP, at 214.6 tpy, are an order 
of magnitude less than the Nutrien White Springs SAPs (3,678 tpy) and 
Mosaic South Pierce SAPs (3,285 tpy), as can be seen in Tables 3, 4, 
and 5.\25\ Therefore, EPA believes this separate approach to 
determining a slightly longer-term average emission limit, in the 
absence of other information, is appropriate.
---------------------------------------------------------------------------

    \25\ EPA also notes as a practical matter that EU004 at TECO 
Polk has not operated in recent years due to the facility's 
combustion of natural gas in lieu of generating syngas from coal and 
petroleum coke, which would then be treated by the SAP for sulfur 
removal ahead of combustion.
---------------------------------------------------------------------------

    Regarding the SAP at TECO-Polk, EPA has evaluated incorporation of 
the new hourly emission limit against the removal of the historical 
production-based limit in Rule 62-296.402 from the SIP considering the 
requirements of CAA section 110(l). In its submission, FDEP's 
methodology for developing a longer-term 6-hour SO2 emission 
limit, applicable at all times during operation, for the TECO-Polk 
Power Station SAP (Emissions Unit 004), was reasonable in the absence 
of other data, such as CEMS data, and given that the averaging time was 
only increasing slightly. The State checked that the equivalency ratio 
for other SAPs equipped with CEMS would result in a similar adjustment 
downward in moving from a 3-hour average to a 6-hour average emission 
limit. The resultant longer-term average emission limit is at least as 
stringent as the current 3-hour SO2 emission limit at Rule 
62-296.402(2) of the Florida SIP and, at the averaging time of 6-hours 
and beyond, reduces the PTE.
    Given that the proposed source-specific hourly limit applies at all 
times, it is more stringent for periods of SSM than the Rule limit 
which does not apply during these periods. Furthermore, EPA is 
proposing to find that the source-specific emission limit is consistent 
with the 2015 SSM Policy and helps FDEP achieve consistency with the 
2015 SSM SIP Action across its SIP. Table 5 shows that the new source-
specific limit is as stringent as the existing Rule 62-296.402 3-hour 
emission limit for non-SSM periods of operation. The selected emission 
limit would be in line with the most conservative equivalency ratio 
that SO2 CEMS data available for SAP E and SAP F at the 
Nutrien White Springs facility and SAP 10 and SAP 11 at Mosaic South 
Pierce would determine. Therefore, EPA does not expect emissions to 
increase as a result of removing the existing Rule 62-296.402 
production-based emission limit.
    The 6-hour SO2 emission limit for the SAP at TECO-Polk 
is at least as stringent as the emission limits in Rule 62-296.402. 
Because the facility will have a permanent and federally enforceable 
SIP-approved emission limit that is as stringent as the Rule limit and 
is applicable at all times, EPA proposes to approve removal of the 
emission limit at Rule 62-296.402(2)(b) from the SIP.
vi. SAPs With Previously Approved Source-Specific Emissions
    Removing the emission limits at Rule 62-296.402 from the SIP would 
also remove applicable emission limits for several other SAPs in 
Florida for which EPA has already approved source-specific continuous 
emission limits that are significantly more stringent than the limits 
being removed. In addition to the production-based limit of 4.0 lbs/ton 
of sulfuric acid produced, FDEP is removing the higher emission limit 
of 10.0 lbs/ton of sulfuric acid produced at Rule 62-296.402(1)(a)2 and 
29.0 lbs/ton of sulfuric acid produced at 62-296.402(1)(b)2.
    Only ``existing emission units'' in the State (i.e., those which, 
in accordance with the definitions at Rule 62-210.200 were in 
existence, in operation, or under construction, or which had received a 
permit to begin construction prior to January 18, 1972) would have been 
subject to the less stringent 10.0 lbs/ton of sulfuric acid produced 
SO2 emission limit at 62-296.402(1)(b)2, approved in 
Florida's original SIP submittal. See 37 FR 10842 (May 31, 1972). On 
July 3, 2017, EPA approved SIP revisions

[[Page 29611]]

requiring updated continuous SO2 emission limits for three 
SAPs at Mosaic Fertilizer's Riverview facility (Mosaic Riverview): EU 
004 (#7 SAP), EU 005 (#8 SAP), and EU 006 (#9 SAP). See 82 FR 30749 
(July 3, 2017). Two of the SAPs, EU 004 (#7 SAP) and EU 005 (#8 SAP), 
began operation before January 18, 1972, and are therefore defined in 
Florida's SIP as ``existing emission units'' even though they have been 
reconstructed such that the NSPS at 40 CFR part 60, subpart H applies. 
Consequently, these SAPs at Mosaic Riverview are still subject to the 
less stringent SO2 emission limit of 10.0 lbs/ton of 
sulfuric acid produced at 62-296.402(1)(b)2 as well as the NSPS limit 
of 4.0 lbs/ton of sulfuric acid produced, which is equivalent to the 
SIP emission limit in Rule 62-296.402(2)(b). The limit across all three 
SAPs, transmitted to EPA in an April 3, 2015, SIP revision and approved 
in the July 3, 2017, final action is significantly more stringent than 
the 10.0 lbs/ton of sulfuric acid produced limit. Table 8 provides 
additional information on how the updated 2017-approved emission limits 
are as stringent as the existing SIP limit proposed for removal. The 
updated 2017-approved source-specific emission limits for EU 004 and EU 
005 are also continuous, applying during periods of SSM, and were also 
shown to provide for attainment of the 1-hour SO2 NAAQS.
    The less stringent limit of 29.0 lbs/ton of sulfuric acid produced 
at former 62-296.402(1)(a)2 has only applied to one source, Occidental 
Chemical Company, which is now Nutrien White Springs.\26\ See 40 FR 
49328 (October 22, 1975). However, the only active SAPs at this 
facility are EU 066 (SAP E) and EU 067 (SAP F), which are not 
``existing emissions units'' under Florida's definition at 62-210.200, 
and the State notes that they are subject to the emission limit of 4.0 
lbs/ton of sulfuric acid produced in the SIP. Therefore, this higher 
SO2 emission limit is not applicable to any emission units 
in the State, and there are no emissions impacts from removing it.
---------------------------------------------------------------------------

    \26\ See additional source historical information at https://frs-public.epa.gov/ords/frs_public2/fii_query_dtl.disp_program_facility?p_registry_id=110000588640.
---------------------------------------------------------------------------

    The remaining SAPs--EU6 at the Mosaic Riverview, the three units at 
Mosaic Fertilizer, Bartow facility (Mosaic Bartow), and the five units 
at Mosaic Fertilizer, New Wales facility (Mosaic New Wales)--are all 
subject to the emission limit at 62-296.402(2)(b) of 4.0 lbs/ton of 
sulfuric acid produced. FDEP notes in its September 20, 2022, submittal 
that the source-specific longer-term average emission limits for the 11 
SAPs across three facilities were more stringent than the SIP emission 
limits in Rule 62-296.402 because they provided for attainment of the 
1-hour SO2 NAAQS. Additionally, Tables 6 through 8 compare 
the source-specific SIP emission limits approved by EPA into the SIP in 
previous actions to the Rule 62-296.402 emission limits. Across all 
facilities, the total annual emissions allowed under the source-
specific SIP emission limits are significantly less than what is 
allowed under Rule 62-296.402. Additionally, the hourly and production-
based emission limits compare favorably, and Table 9 shows that the 
source-specific emission limits are lower than the production-based 
limits would be if expressed as hourly limits, and lower than the 
equivalency ratios in Table 1 used for determining limits that are 
comparably stringent to the Rule 62-296.402(2)(b) limit. Finally, the 
hourly limits are continuous, whereas the existing Rule limits proposed 
for removal only apply during steady-state operation, exempting periods 
of SSM.

                                 Table 6--Mosaic Bartow Comparison of Existing Rule and Source-Specific Emission Limits
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Current production-based SIP limit \a\           Approved source-specific SIP limit \b\
                                                       -------------------------------------------------------------------------------------------------
                                                                                                             Combined
                                                                           Combined                       calculated SO2     Combined        Combined
             Emission unit               Sulfuric acid  SO2 limit (lbs/ calculated SO2      Combined        production      hourly SO2      maximum SO2
                                        capacity (tpd)     ton acid         hourly       maximum annual  emissions (lbs/   limit  (lbs/      emissions
                                                         produced) [3-  emissions (lbs/  SO2 emissions     ton) [24-hr      hr)  [24-hr        (tpy)
                                                            hr avg]     hr) [3-hr avg]       (tpy)             avg]            avg]
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
012 (No. 4 SAP).......................           2,600               4           1,300           5,694              3.38           1,100           4,818
032 (No. 5 SAP).......................           2,600               4
033 (No. 6 SAP).......................           2,600               4
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Rule 62-296.402(2)(b).
\b\ Permit No. 1050046-050-AC. See 85 FR 9666 (February 2, 2017).


                                Table 7--Mosaic New Wales Comparison of Existing Rule and Source-Specific Emission Limits
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Current production-based SIP limit \a\           Approved source-specific SIP limit \b\
                                                       -------------------------------------------------------------------------------------------------
                                                                                                             Combined
                                                                           Combined                       calculated SO2                     Combined
             Emission unit               Sulfuric acid  SO2 limit (lbs/ calculated SO2      Combined        production       Combined     maximum annual
                                        capacity (tpd)     ton acid         hourly       maximum annual  emissions (lbs/    hourly SO2     SO2 emissions
                                                         produced) [3-  emissions (lbs/  SO2 emissions     ton) [24-hr    limit (lbs/hr)       (tpy)
                                                            hr avg]     hr) [3-hr avg]       (tpy)             avg]         [24-hr avg]
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
002 (No. 1 SAP).......................           3,400               4           2,667          11,680              1.63           1,090           4,774
003 (No. 2 SAP).......................           3,400               4
004 (No. 3 SAP).......................           3,400               4
042 (No. 4 SAP).......................           2,900               4
043 (No. 5 SAP).......................           2,900               4
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Rule 62-296.402(2)(b).
\b\ Permit No. 1050059-106-AC. See 85 FR 9666 (February 2, 2020).


[[Page 29612]]


                                Table 8--Mosaic Riverview Comparison of Existing Rule and Source-Specific Emission Limits
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Current production-based SIP limit             Approved source-specific SIP limit \a\
                                                       -------------------------------------------------------------------------------------------------
                                                                                                             Combined
                                                                           Combined                       calculated SO2                     Combined
             Emission unit               Sulfuric acid  SO2 limit (lbs/ calculated SO2      Combined        production       Combined     maximum annual
                                        capacity (tpd)     ton acid         hourly       maximum annual  emissions (lbs/    hourly SO2     SO2 emissions
                                                         produced) [3-  emissions (lbs/  SO2 emissions     ton) [24-hr    limit (lbs/hr)       (tpy)
                                                            hr avg]     hr) [3-hr avg]       (tpy)             avg]         [24-hr avg]
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
4 (No. 7 SAP).........................           3,200          \b\ 10           3,025          13,250              1.48             575           2,518
5 (No. 8 SAP).........................           2,700          \b\ 10
6 (No. 6 SAP).........................           3,400           \c\ 4
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Permit No. 0570008-080-AC. See 82 FR 30749 (July 3, 2017).
\b\ Rule 62-296.402(1)(b)2.
\c\ Rule 62-296.402(2)(b).


Table 9--Ratio of Existing Source-Specific and Production-Based Emission
      Limits for Mosaic Bartow, New Wales, and Riverview Facilities
------------------------------------------------------------------------
                                                       Calculated ratio
                                                       of facility-wide
                      Facility                          source-specific
                                                        limits to rule
                                                            limits
------------------------------------------------------------------------
Mosaic Bartow.......................................               0.846
Mosaic New Wales....................................               0.409
Mosaic Riverview Units EU4-EU5......................               0.148
Mosaic Riverview Unit EU6...........................               0.371
------------------------------------------------------------------------

    Regarding these 11 SAPs, EPA has already approved continuous hourly 
emission limits for these facilities into the SIP. EPA is not reopening 
those underlying actions to approve the source-specific, continuous 
emission limits into the SIP. EPA instead has evaluated the removal of 
the historical production-based limits in Rule 62-296.402 from the SIP 
considering the requirements of CAA section 110(l). Given the SIP-
approved hourly limits apply at all times, the limits are more 
stringent for periods of SSM than the Rule limits which do not apply 
during these periods. Furthermore, EPA is proposing to find that these 
source-specific emission limits are consistent with the 2015 SSM Policy 
and help FDEP achieve consistency with the 2015 SSM SIP Action across 
its SIP.
    The comparison of hourly and production-based emission limits shows 
that the source-specific limits are more stringent. Additionally, the 
actual ratios of the 24-hour average source-specific emission limits to 
the respective 3-hour average emission limits under Rule 62-296.402 
presented in Table 9 are much lower than any equivalency ratios 
determined for similar sources via Florida's methodology to determine 
appropriate equivalency ratios presented in Table 1. This means that 
the 24-hour limits established to be comparably stringent to modeled 
CEVs are more stringent than would be calculated to determine longer-
term average limits that are comparably stringent to the Rule 62-
296.402 limits. Therefore, emissions are not expected to increase as a 
result of removing the existing Rule production-based emission limits. 
Additionally, EPA notes that these units remain subject to the 3-hour 
average emission limit of 4.0 lbs/ton of sulfuric acid produced 
covering steady-state operation pursuant to 40 CFR part 60, subpart H. 
Thus, the 3-hour average allowable emissions applicable to steady-state 
(non-SSM) operation will not be relaxed, even with the removal of the 
Rule 62-296.402 3-hour emission limits.
    As explained in this section, the previously SIP-approved 24-hour 
SO2 emission limits for SAPs at Mosaic Bartow, Mosaic New 
Wales, and Mosaic Riverview are more stringent than the emission limits 
in Rule 62-296.402. Because these facilities have existing SIP-approved 
emission limits that are more stringent than the Rule 62-296.402 
limits, EPA proposes to remove the emission limits in Rule 62-296.402 
from the SIP.
vii. Ascend Pensacola, Emissions Unit 042, NAP
    Construction Permit 0330040-076-AC, issued to Ascend Pensacola on 
September 20, 2022, imposes a new longer-term NOX emission 
limit, expressed as NO2, of 2.6 lbs/ton of nitric acid 
produced, based on a rolling 720-hour average. The permit also 
specifies NOX emissions testing and monitoring requirements, 
emissions calculation methods, recordkeeping, and recording 
requirements applicable to the Nitric Acid Plant (EU 042) at Ascend 
Pensacola. By permit, the conditions became effective January 1, 2023. 
Florida's Supplemental SSM SIP Revision requests that EPA incorporate 
this emissions limit and associated monitoring, recordkeeping, and 
reporting requirements into the SIP.
    The new longer-term NOX emission limit is in addition to 
the NSPS, Subpart G, NOX emission limit, expressed as 
NO2, of 3.0 lbs/ton of 100 percent nitric acid produced, 
based on a 3-hour average excluding periods of SSM, and a maximum 
allowable annual NOX emission limit of 285 tons of 
NOX per year based on a 365-day rolling total as determined 
by CEMS data and stack gas flow rate. Florida's Supplemental SSM SIP 
Revision requests that EPA incorporate into the SIP the 3.0 lbs/ton of 
100 percent nitric acid produced limit that excludes periods of SSM. 
Florida did not request incorporation of the annual limit of 285 tons 
NOX per year. This would mean that the only change to what 
applies during non-SSM periods of operation is that there is now an 
additional limit that applies over a longer-term averaging period.
    The NAP at this facility is equipped with a NOX CEMS. 
Data from the facility's NOX CEMS were used to develop both 
a 30-day:1-hour equivalency ratio of 0.950 and a 30-day:3-hour 
equivalency ratio of 0.958. However, the State used an equivalency

[[Page 29613]]

ratio of 0.867, which FDEP and Ascend Pensacola agreed upon, in 
developing the new longer-term NOX production-based limit of 
2.6 lbs/ton (720-hour average) to provide ``reasonable assurance that 
the [longer-term NOX] emission limit reflected a highly 
controlled emission limiting process operating continuously.'' As 
another point of comparison, equivalent hourly emissions were 
determined by multiplying the capacity of the NAPs by the Rule 62-
296.408 and source-specific production-based limits to determine the 
maximum hourly emissions permitted. Comparison of emission limits based 
on the Rule 62-296.408 NOX emission limit and the proposed 
new longer-term NOX emission limit are shown in Table 10.

                          Table 10--Ascend Pensacola, Comparison of Existing Rule and Proposed Source-Specific Emission Limits
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Current SIP limit \a\                   Proposed source-specific SIP limit \b\
                                                        ------------------------------------------------------------------------------------------------
                                                                                            Maximum                        Calculated
             Emission unit                Nitric acid    NOX limit (lbs/     Calculated      annual    NOX limit (lbs/     hourly NOX     Maximum annual
                                         capacity (tpd)      ton acid        hourly NOX       NOX         ton acid      emissions (lbs/   NOX emissions
                                                         produced) [3-hr  emissions (lbs/  emissions   produced) [720-    hr) [720-hr         (tpy)
                                                               avg]        hr) [3-hr avg]    (tpy)           hr]              avg]
--------------------------------------------------------------------------------------------------------------------------------------------------------
042...................................           1,500                3            187.5    821                  2.60            162.6              712
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Rule 62-296.408(2).
\b\ Permit No. 0330040-076-AC. Based on an equivalency ratio of 0.867 agreed upon by FDEP and Ascend. Permit 0330040-076-AC specifies the averaging
  period of 720 hours which is equivalent to 30 days.

    Regarding the NAP at Ascend Pensacola, EPA has evaluated the 
incorporation of the steady-state source-specific limit and the new 
longer-term average continuous limit against removal of the historical 
limit in Rule 62-296.408(2) from the SIP considering the requirements 
of CAA section 110(l).
    In its submission, FDEP completed a reasonable analysis, utilizing 
a methodology similar to the methodology outlined in the SO2 
Nonattainment Guidance, for developing a longer-term production-based 
NOX emission limit, applicable at all times during 
operation, for the Ascend Pensacola NAP, that is comparable in 
stringency to the Rule 62-296.408(2) NOX emission limit in 
Florida's SIP. The methodology used to calculate the equivalency ratios 
is similar to the SO2 Nonattainment Guidance; however, in 
addition to the substituting the Rule 62-296.408(2) NOX 
emission limits for the CEV, calculation of these equivalency ratios 
further differ from the SO2 Nonattainment Guidance as the 
equivalency ratios were calculated as the quotient of the 98th 
percentile of the longer-term average emissions and the 98th percentile 
of the short-term average emissions instead of the 99th percentiles, to 
better align with the form of the 2010 1-hour NO2 NAAQS.\27\ 
The modified methodology is not a significant change since the 
equivalency ratio of 0.867 that FDEP and Ascend agreed upon is more 
conservative than both the 30-day:1-hour equivalency ratio of 0.950 and 
the 30-day:3-hour equivalency ratio of 0.958. Therefore, the proposed 
longer-term NOX emission limit, expressed as NO2, 
of 2.6 lbs/ton nitric acid produced on a 720-hour average (i.e., 30-day 
average) is also more stringent than emission limits that would result 
from the application of the 30-day:1-hour or the 30-day:3-hour 
equivalency ratios. Additionally, the proposed longer-term 
NOX emission limit applies at all times during operation, 
including periods of SSM.
---------------------------------------------------------------------------

    \27\ https://www.epa.gov/no2-pollution/timeline-nitrogen-dioxide-no2-national-ambient-air-quality-standards-naaqs.
---------------------------------------------------------------------------

    Given the proposed source-specific hourly limit applies at all 
times, it is more stringent for periods of SSM than the Rule limit 
which does not apply during these periods. Furthermore, EPA is 
proposing to find that the source-specific emission limit is consistent 
with the 2015 SSM Policy and helps FDEP achieve consistency with the 
2015 SSM SIP Action across its SIP. Table 10 shows that the new longer-
term average source-specific limit is comparably stringent to the 
existing Rule emission limit. Florida selected a 720-hour average 
source-specific emission limit that is more stringent than one 
calculated using the ratios in Table 2 (162.6 lbs/hr versus 179.1 lbs/
hr).\28\ Additionally, emissions will not increase as a result of 
removing the existing Rule 62-296.408 production-based emission limit 
for non-SSM periods of operation because EPA is also proposing to 
approve the equivalent 3-hour average source-specific emission limit 
into the SIP.
---------------------------------------------------------------------------

    \28\ Or 2.6 lbs/ton of nitric acid produced versus 2.85 lbs/ton 
of nitric acid produced.
---------------------------------------------------------------------------

    As explained in this section, the proposed 720-hour (30-day) 
average NOX emission limit for the NAP at Ascend Pensacola 
is at least as stringent as the emission limit in Rule 62-296.408(2), 
and EPA is also approving a 3-hour average limit applicable to steady-
state periods that is equivalent to the limit in Rule 62-296.408(2). 
Because the facility will have permanent and federally enforceable SIP-
approved emission limits that together are more stringent than the Rule 
62-296.408 limit alone and will now have a limit that applies at all 
times, EPA proposes to remove the emission limit at Rule 62-296.408(2) 
from the SIP.
viii. Trademark Nitrogen, Emissions Unit 001, NAP
    Construction Permit 0570025-016-AC, issued to the Trademark 
Nitrogen facility (Trademark Nitrogen) on September 20, 2022, imposes a 
longer-term NOX emission limit, expressed as NO2, 
of 2.6 lbs/ton of nitric acid produced, based on a rolling 30-day 
average. The permit also specifies NOX emissions testing and 
monitoring requirements, emissions calculation methods, and 
recordkeeping and recording requirements applicable to the nitric acid 
plant (EU 001) at Trademark Nitrogen. By permit, the new conditions 
became effective January 1, 2023. The new longer-term 30-day 
NOX emission limit is in addition to the applicable NSPS 
Subpart G NOX emission limit of, expressed as 
NO2, of 3.0 lbs/ton of 100 percent nitric acid produced, 
based on a 3-hour average excluding excludes periods of SSM. Florida's 
Supplemental SSM SIP Revision requests that EPA incorporate this 
emissions limit and associated monitoring, recordkeeping, and reporting 
requirements into the SIP. Florida also submits the 3.0 lbs/ton of 100 
percent nitric acid produced limit that excludes periods of SSM and 
associated monitoring, recordkeeping, and reporting requirements for 
incorporation into the SIP. This would mean that the only change to 
what applies during non-SSM periods of operation is that there is now 
an

[[Page 29614]]

additional limit that applies over a longer-term averaging period.
    The Trademark Nitrogen NAP is equipped with a NOX CEMS, 
however, the CEMS utilizes a circular chart for recording 
NOX emissions data and, therefore, hourly data is not 
available for determining site-specific equivalency ratios for the 
Trademark Nitrogen NAP. However, the NAP at this facility and the NAP 
located at Ascend Pensacola use a closely related chemical process 
whereby ammonia is oxidized in the presence of a catalyst to form 
NOX which is then converted to nitric acid by reaction with 
water and controlled via process conditions and selective catalytic 
reduction (SCR).\29\ Due to the similar NOX control 
processes and the unavailability of hourly data for the Trademark 
Nitrogen NAP, the new longer-term NOX emission limit was 
calculated utilizing the equivalency ratio of 0.867 set for the Ascend 
Pensacola facility, as discussed in the previous section II.B.5.vii. 
Comparison of the current SIP NOX emission limit and the 
proposed source-specific NOX emission limit is shown in 
Table 11.
---------------------------------------------------------------------------

    \29\ EPA notes that the operating permits for Ascend Pensacola 
and Trademark Nitrogen, while not part of the SIP submission, each 
contain conditions that require operation of the SCR while the NAP 
is operating. See Permit No. 0330040-077-AV for Ascend, condition 
M.3, and Permit No. 0570025-015-AO, condition A.3, both available in 
the docket for this proposed action.

                         Table 11--Trademark Nitrogen, Comparison of Existing Rule and Proposed Source-Specific Emission Limits
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Current SIP limit \a\                   Proposed source-specific SIP limit \b\
                                                        ------------------------------------------------------------------------------------------------
                                                                                            Maximum
             Emission unit                Nitric acid    NOX limit (lbs/   Calculated NOX    annual    NOX limit (lbs/   Calculated NOX   Maximum annual
                                         capacity (tpd)      ton acid          hourly         NOX         ton acid           hourly       NOX emissions
                                                         produced) [3-hr  emissions (lbs/  emissions   produced) [30-d  emissions (lbs/       (tpy)
                                                               avg]        hr) [3-hr avg]    (tpy)          avg]         hr) [30-d avg]
--------------------------------------------------------------------------------------------------------------------------------------------------------
001...................................             150                3             18.8   82.1                  2.60             16.3             71.2
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Rule 62-296.408(2).
\b\ Permit No. 0570025-016-AC. Based on an equivalency ratio of 0.867.

    Regarding the NAP at Trademark Nitrogen, EPA has evaluated the 
incorporation of the steady-state source-specific limit and the new 
longer-term average continuous limit against removal of the historical 
limit in Rule 62-296.408(2) from the SIP considering the requirements 
of CAA section 110(l).
    In its submission, FDEP completed a reasonable analysis, utilizing 
a methodology similar to the methodology outlined in the SO2 
Nonattainment Guidance, for developing a longer-term 30-day 
NOX emission limit, applicable at all times during 
operation, for the Ascend Pensacola NAP, which was then applied to the 
Trademark Nitrogen facility as a similar source. As noted previously, 
the Trademark Nitrogen NAP does not have readily available digitized 
CEMS data. EPA also notes that annual NOX potential 
emissions from the Trademark Nitrogen NAP, at 71 tpy, are an order of 
magnitude less than the Ascend Pensacola NAP, at 712 tpy, as can be 
seen in Tables 10 and 11. Therefore, EPA believes this approach to 
utilizing the CEMS data of a similar source to establish a longer-term 
average emission limit, in the absence of other information, is 
appropriate.
    EPA is proposing to find that the resultant emission limit is 
comparable in stringency to the Rule 62-296.408(2) NOX 
emission limit in Florida's SIP. The methodology used to calculate the 
equivalency ratios, and selection of the equivalency ratio, are 
detailed in sections II.B.5.ii and II.B.5.vii of this NPRM. 
Additionally, the proposed longer-term NOX emission limit is 
based on operation of the nitric acid plant at Trademark Nitrogen at 
the maximum permitted hourly throughput rate and is applicable at all 
times during operation, including periods of SSM.
    Given that the proposed source-specific hourly limit applies at all 
times, it is more stringent for periods of SSM than the Rule limit, 
which does not apply during these periods. Furthermore, the source-
specific emission limit is consistent with the 2015 SSM Policy and 
helps FDEP achieve consistency with the 2015 SSM SIP Action across its 
SIP. Table 11 shows that the new source-specific limit is comparably 
stringent to the existing Rule emission limit. Florida selected a 30-
day average source-specific emission limit that is more stringent than 
one calculated using the ratios in Table 2 (16.3 lbs/hr versus 17.9 
lbs/hr).\30\ Additionally, emissions will not increase as a result of 
removing the existing Rule 62-296.408 emission limit for non-SSM 
periods of operation because EPA is also proposing to approve the 
equivalent 3-hour average source-specific emission limit into the SIP.
---------------------------------------------------------------------------

    \30\ Or 2.6 lbs/ton of nitric acid produced versus 2.85 lbs/ton 
of nitric acid produced.
---------------------------------------------------------------------------

    As explained above, the proposed 30-day average NOX 
emission limit for the NAP at Trademark Nitrogen is at least as 
stringent as the emission limits in Rule 62-296.408(2). Because the 
facility will have a permanent and federally enforceable SIP-approved 
emission limit that is comparably stringent to the Rule limit and 
applies at all times, EPA proposes to remove the emission limit at Rule 
62-296.408(2) from the SIP.

III. Proposed Actions

    EPA is proposing to approve Florida's Excess Emissions Rule SIP 
Revision consisting of revisions to Rule Section 62-210.700, F.A.C.--
Excess Emissions. The revisions include (1) deletion of Rule 62-
210.700(4), F.A.C., with the addition of equivalent language to Rules 
62-210.700(1) and (2), F.A.C.; (2) amendment of Rule 62-210.700(3), 
F.A.C., to clarify and restate the visible emissions and PM limits 
applicable during boiler cleaning (soot blowing) and load changes; (3) 
addition of Rule 62-210.700(6), which states that Rules 62-210.700(1) 
and (2) shall not apply after May 22, 2018, to either emission limits 
or unit-specific emission limits that have been incorporated into 
Florida's SIP; and (4) addition of Rule 62-210.700(7), which states 
that after October 23, 2016, Rules 62-210.700(1) and (2), F.A.C., shall 
not apply to new permit-specific emission limits established pursuant 
to Florida's PSD and NNSR regulations (Rule 62-212.400 and 62-210.500, 
F.A.C.). EPA proposes to find that Florida's Excess Emissions Rule SIP 
Revision is consistent with CAA requirements and adequately addresses 
the specific deficiencies that EPA identified in the 2015 SSM SIP 
Action with respect to the Florida SIP.
    Additionally, EPA is proposing to approve Florida's Supplemental 
SSM SIP Revision consisting of SSM-related revisions to Rule 62-
296.405, F.A.C.,

[[Page 29615]]

Fossil Fuel Steam Generators with More than 250 Million Btu Per Hour 
Heat Input, and Rule 62-296.570, F.A.C., Reasonably Available Control 
Technology [RACT]--Requirements for Major VOC- and NOX-Emitting 
Facilities; removal of the sulfur dioxide emission limit in Rule 62-
296.402, F.A.C. Sulfuric Acid Plants; and removal of the nitrogen 
oxides emission limit in Rule 62-296.408, F.A.C., Nitric Acid Plants. 
EPA is also proposing to approve into Florida's SIP source-specific 
SO2 and NOX emission limits and construction 
permit conditions for five SO2 emissions units and two 
NOX emissions units. EPA proposes to find that Florida's 
Supplemental SSM SIP Revision is consistent with CAA requirements and 
adequately addresses the additional regulations identified by the State 
as problematic. EPA is not reopening the 2015 SIP call and is taking 
comments only on whether the SIP revisions are consistent with CAA 
requirements and whether they address the substantial inadequacy in the 
specific Florida SIP provisions identified in the 2015 SIP call.

IV. 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, and as discussed in sections I 
through III of this preamble, EPA is proposing to incorporate by 
reference Florida Rule 62-210.700, F.A.C., entitled ``Excess 
Emissions,'' state effective October 23, 2016, which set a schedule by 
which the exemptions from applicable emission limits for startups, 
shutdowns, and malfunctions would be removed. EPA is also proposing to 
incorporate by reference the following Florida Rules: 62-296.402, 
F.A.C., ``Sulfuric Acid Plants,'' removing specific emission limits 
from the Florida SIP, state effective June 23, 2022, except for 62-
296.402(1), 62-926.402(2)(a)2., 62-296.402(2)(b)2., and 62-
296.402(3)(b); 62-296.405, F.A.C., ``Fossil Fuel Steam Generators with 
More Than 250 Million Btu Per Hour Heat Input,'' revising monitoring 
requirements and clarifying applicability, state effective June 23, 
2022; 62-296.408, F.A.C., ``Nitric Acid Plants,'' removing specific 
emission limits, state effective November 23, 1994, except for 62-
296.408(2); and 62-296.570, F.A.C., ``Reasonably Available Control 
Technology [RACT]--Requirements for Major VOC- and NOX-
Emitting Facilities,'' removing an exemption from RACT requirements 
during startups, shutdowns, and malfunctions, state effective June 23, 
2022. Additionally, EPA is proposing to incorporate by reference into 
Florida's SIP the specified new operating parameters, SO2 
emission caps, compliance monitoring, recordkeeping and reporting 
requirements for emission units EU 066 (SAP E) and EU 067 (SAP F) at 
Nutrien White Springs (Permit No. 0470002-132-AC),\31\ EU 004 (SAP 10) 
and EU 005 (SAP 11) at Mosaic South Pierce (Permit No. 1050055-037-
AC),\32\ and EU 004 at TECO-Polk (Permit No. 1050233-050-AC).\33\ The 
SO2 emission standards specified in each permit are the 
basis for the removal of other SO2 emission limits in the 
SIP. Finally, EPA is proposing to incorporate by reference into 
Florida's SIP the specified, new operating parameters, NOX 
emission caps, compliance monitoring, recordkeeping and reporting 
requirements for emission units EU 042 at Ascend Pensacola (Permit No. 
0330040-076-AC),\34\ and EU 001 at Trademark Nitrogen (Permit No. 
0570025-016-AC).\35\ The NOX emission standards specified in 
each permit are the basis for the removal of other NOX 
emission limits in the SIP. 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).
---------------------------------------------------------------------------

    \31\ Specifically, EPA is proposing to incorporate by reference 
into Florida's SIP Specific Conditions 3 through 6 from Permit No. 
0470002-132-AC issued to White Springs Agricultural Chemicals, Inc., 
Suwanee River/Swift Creek Complex by FDEP, state effective September 
22, 2022.
    \32\ Specifically, EPA is proposing to incorporate by reference 
into Florida's SIP Specific Conditions 4 through 7 from Permit No. 
1050055-037-AC issued to Mosaic Fertilizer, LLC, South Pierce 
Facility by FDEP, state effective September 22, 2022.
    \33\ Specifically, EPA is proposing to incorporate by reference 
into Florida's SIP Specific Conditions 1 through 4 from Permit No. 
1050233-050-AC issued to Tampa Electric Company Polk Power Station 
by FDEP, state effective September 21, 2022.
    \34\ Specifically, EPA is proposing to incorporate by reference 
into Florida's SIP Specific Conditions 1 through 6 from Permit No. 
0330040-076-AC issued to Ascend Performance Materials Operations LLC 
Pensacola Plant by FDEP, state effective September 20, 2022. EPA 
notes that the condition numbers are misidentified on pages 43-44 of 
the Supplemental SSM SIP Revision as 1 and 5 through 9; in the 
permit, those conditions are numbered 1 through 6, as shown on pages 
98-99 of the Supplemental SSM SIP Revision.
    \35\ Specifically, EPA is proposing to incorporate by reference 
into Florida's SIP Specific Conditions 1 and 5 through 9 from Permit 
No. 0570025-016-AC issued to Trademark Nitrogen, Inc., by FDEP, 
state effective September 20, 2022.
---------------------------------------------------------------------------

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. These actions merely 
propose to approve state law as meeting Federal requirements and does 
not impose additional requirements beyond those imposed by state law. 
For that reason, these proposed actions:
     Are not significant regulatory actions subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Do not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not significant regulatory actions subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     Are not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA.
    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, these actions do 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

[[Page 29616]]

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.''
    FDEP 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 these proposed actions. Due to the 
nature of the actions being proposed here, these proposed actions are 
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 these 
proposed actions, 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, Carbon Monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: April 25, 2023.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2023-09106 Filed 5-5-23; 8:45 am]
BILLING CODE 6560-50-P


