
[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Rules and Regulations]
[Pages 76137-76139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23833]



[[Page 76137]]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2023-0056; FRL-11369-02-R4]


Air Plan Approval; FL; Miscellaneous SIP Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a 
Florida State Implementation Plan (SIP) revision, submitted by the 
State of Florida through the Florida Department of Environmental 
Protection (FDEP) on April 1, 2022. The SIP revision revises multiple 
stationary source rules in Florida's SIP with substantive and minor 
changes throughout. EPA is approving these changes pursuant to the 
Clean Air Act (CAA or Act).

DATES: This rule is effective December 6, 2023.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2023-0056. All documents in the docket 
are listed on the www.regulations.gov website. Although listed in the 
index, some information may not be publicly available, i.e., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Air Regulatory Management Section, Air Planning and 
Implementation Branch, Air and Radiation Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 
30303-8960. EPA requests that if at all possible, you contact the 
person listed in the FOR FURTHER INFORMATION CONTACT section to 
schedule your inspection. The Regional Office's official hours of 
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Josue Ortiz Borrero, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street SW, Atlanta, Georgia 30303-8960. Mr. Ortiz can be 
reached via phone number (404) 562-8085 or via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    EPA is approving certain changes to the Florida SIP that were 
submitted by FDEP on April 1, 2022. Specifically, EPA is approving 
changes to Rules 62-296.414, Florida Administrative Code (F.A.C.), 
Concrete Batching Plants; 62-296.415, F.A.C., Soil Thermal Treatment 
Facilities; 62-296.418, F.A.C., Bulk Gasoline Plants; 62-296.500, 
F.A.C., Reasonably Available Control Technology (RACT)--Volatile 
Organic Compounds (VOC) and Nitrogen Oxides (NOX) Emitting Facilities; 
62-296.501, F.A.C., Can Coating; 62-296.502, F.A.C., Coil Coating; 62-
296.503, F.A.C., Paper Coating; 62-296.504, F.A.C., Fabric and Vinyl 
Coating; 62-296.505, F.A.C., Metal Furniture Coating; 62-296.506, 
F.A.C., Surface Coating of Large Appliances; 62-296.507, F.A.C., Magnet 
Wire Coating; 62-296.508, F.A.C., Petroleum Liquid Storage; 62-296.510, 
F.A.C., Bulk Gasoline Terminals; 62-296.511, F.A.C., Solvent Metal 
Cleaning; 62-296.512, F.A.C., Cutback Asphalt; 62-296.513, F.A.C., 
Surface Coating of Miscellaneous Metal Parts and Products; 62-296.514, 
F.A.C., Surface Coating of Flat Wood Paneling; 62-296.515, F.A.C., 
Graphic Arts Systems; and 62-296.516, F.A.C., Petroleum Liquid Storage 
Tanks with External Floating Roofs.\1\ These changes are for multiple 
stationary source emission standards rules in Florida's SIP with 
substantive and minor changes throughout.
---------------------------------------------------------------------------

    \1\ The April 1, 2022, submittal transmits several changes to 
other Florida SIP-approved rules. These changes are not addressed in 
this action and will be considered by EPA in separate rulemakings.
---------------------------------------------------------------------------

    Through a notice of proposed rulemaking (NPRM), published on 
September 11, 2023, (88 FR 62303), EPA proposed to approve the April 1, 
2022, submission. The details of Florida's submission, which amend 
various stationary source emission standards, as well as EPA's 
rationale for approving the changes, are described in the September 11, 
2023, NPRM. Comments on the September 11, 2023, NPRM were due on or 
before October 11, 2023. EPA did not receive any adverse comments on 
the September 11, 2023, NPRM.

II. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, and as discussed in Section I of this preamble, EPA is 
finalizing the incorporation by reference of Rules 62-296.414, F.A.C., 
Concrete Batching Plants; 62-296.415, F.A.C., Soil Thermal Treatment 
Facilities; 62-296.511, F.A.C., Solvent Metal Cleaning, each state 
effective November 5, 2020; 62-296.418, F.A.C., Bulk Gasoline Plants; 
62-296.500, F.A.C., Reasonably Available Control Technology (RACT)--
Volatile Organic Compounds (VOC) and Nitrogen Oxides (NOX) Emitting 
Facilities; 62-296.512, F.A.C., Cutback Asphalt, each state effective 
August 14, 2019; and 62-296.501, F.A.C., Can Coating; 62-296.502, 
F.A.C., Coil Coating; 62-296.503, F.A.C., Paper Coating; 62-296.504, 
F.A.C., Fabric and Vinyl Coating; 62-296.505, F.A.C., Metal Furniture 
Coating; 62-296.506, F.A.C., Surface Coating of Large Appliances; 62-
296.507, F.A.C., Magnet Wire Coating; 62-296.508, F.A.C., Petroleum 
Liquid Storage; 62-296.510, F.A.C., Bulk Gasoline Terminals; 62-
296.513, F.A.C., Surface Coating of Miscellaneous Metal Parts and 
Products; 62-296.514, F.A.C., Surface Coating of Flat Wood Paneling; 
62-296.515, F.A.C., Graphic Arts Systems; and 62-296.516, F.A.C., 
Petroleum Liquid Storage Tanks with External Floating Roofs, all state 
effective on July 10, 2014. EPA has made, and will continue to make, 
these materials generally available through www.regulations.gov and at 
the EPA Region 4 Office (please contact the person identified in the 
For Further Information Contact section of this preamble for more 
information). Therefore, these materials have been approved by EPA for 
inclusion in the SIP, have been incorporated by reference by EPA into 
that plan, are fully federally enforceable under sections 110 and 113 
of the CAA as of the effective date of the final rulemaking of EPA's 
approval, and will be incorporated by reference in the next update to 
the SIP compilation.\2\
---------------------------------------------------------------------------

    \2\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

III. Final Action

    EPA is finalizing the approval of the April 1, 2022, Florida SIP 
revision to incorporate various changes to Rules 62-296.414, F.A.C., 
Concrete Batching Plants; 62-296.415, F.A.C., Soil Thermal Treatment 
Facilities; 62-296.418, F.A.C., Bulk Gasoline Plants; 62-296.500, 
F.A.C., Reasonably Available Control Technology (RACT)--Volatile 
Organic Compounds (VOC) and Nitrogen Oxides (NOX) Emitting Facilities; 
62-296.501, F.A.C., Can Coating; 62-296.502, F.A.C., Coil Coating; 62-
296.503, F.A.C., Paper Coating; 62-296.504, F.A.C., Fabric and Vinyl 
Coating; 62-296.505, F.A.C., Metal Furniture Coating; 62-296.506, 
F.A.C., Surface Coating of Large

[[Page 76138]]

Appliances; 62-296.507, F.A.C., Magnet Wire Coating; 62-296.508, 
F.A.C., Petroleum Liquid Storage; 62-296.510, F.A.C., Bulk Gasoline 
Terminals; 62-296.511, F.A.C., Solvent Metal Cleaning; 62-296.512, 
F.A.C., Cutback Asphalt; 62-296.513, F.A.C., Surface Coating of 
Miscellaneous Metal Parts and Products; 62-296.514, F.A.C., Surface 
Coating of Flat Wood Paneling; 62-296.515, F.A.C., Graphic Arts 
Systems; and 62-296.516, F.A.C., Petroleum Liquid Storage Tanks with 
External Floating Roofs, from the Florida SIP. EPA is approving these 
changes because they will not interfere with the attainment or 
maintenance of the NAAQS or any other applicable requirement of the 
CAA.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a state program;
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA.
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on Tribal Governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    Executive Order 12898 (Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    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 this action. Due to the nature of 
the action being taken here, this action is expected to have a neutral 
to positive impact on the air quality of the affected area. 
Consideration of EJ is not required as part of this action, and there 
is no information in the record inconsistent with the stated goal of 
E.O. 12898 of achieving EJ for people of color, low-income populations, 
and Indigenous peoples.
    This action is subject to the Congressional Review Act, and EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by January 5, 2024. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides.

    Dated: October 24, 2023.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.

    For the reasons stated in the preamble, the EPA amends 40 CFR part 
52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart K--Florida

0
2. In Sec.  52.520(c), amend the table by revising the entries for 
``62-296.414,'' ``62-296.415,'' ``62-62-296.418,'' ``62-296.500,'' 
``62-296.501,'' ``62-296.502,'' ``62-296.503,'' ``62-296.504,'' ``62-
296.505,'' ``62-296.506,'' ``62-296.507,'' ``62-296.508,'' ``62-
296.510,'' ``62-296.511,'' ``62-296.512,'' ``62-296.513,'' ``62-
296.514,'' ``62-296.515,'' and ``62-296.516.''
    The revisions read as follows:


Sec.  52.520  Identification of plan.

* * * * *
    (c) * * *

[[Page 76139]]



                                    EPA-Approved Florida Laws and Regulations
----------------------------------------------------------------------------------------------------------------
                                               State effective
 State citation (section)    Title/subject           date        EPA approval date           Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                              Chapter 62-296 Stationary Sources--Emission Standards
----------------------------------------------------------------------------------------------------------------
62-296.414...............  Concrete Batching          11/5/2020  11/6/2023,
                            Plants.                               [Insert citation
                                                                  of publication].
62-296.415...............  Soil Thermal               11/5/2020  11/6/2023,
                            Treatment                             [Insert citation
                            Facilities.                           of publication].
62-296.418...............  Bulk Gasoline              8/14/2019  11/6/2023,
                            Plants.                               [Insert citation
                                                                  of publication].
 
                                                  * * * * * * *
62-296.500...............  Reasonably                 8/14/2019  11/6/2023,
                            Available                             [Insert citation
                            Control                               of publication].
                            Technology
                            (RACT)--Volatile
                            Organic
                            Compounds (VOC)
                            and Nitrogen
                            Oxides (NOX)
                            Emitting
                            Facilities.
62-296.501...............  Can Coating......          7/10/2014  11/6/2023,
                                                                  [Insert citation
                                                                  of publication].
62-296.502...............  Coil Coating.....          7/10/2014  11/6/2023,
                                                                  [Insert citation
                                                                  of publication].
62-296.503...............  Paper Coating....          7/10/2014  11/6/2023,
                                                                  [Insert citation
                                                                  of publication].
62-296.504...............  Fabric and Vinyl           7/10/2014  11/6/2023,
                            Coating.                              [Insert citation
                                                                  of publication].
62-296.505...............  Metal Furniture            7/10/2014  11/6/2023,
                            Coating.                              [Insert citation
                                                                  of publication].
62-296.506...............  Surface Coating            7/10/2014  11/6/2023,
                            of Large                              [Insert citation
                            Appliances.                           of publication].
62-296.507...............  Magnet Wire                7/10/2014  11/6/2023,
                            Coating.                              [Insert citation
                                                                  of publication].
62-296.508...............  Petroleum Liquid           7/10/2014  11/6/2023,
                            Storage.                              [Insert citation
                                                                  of publication].
62-296.510...............  Bulk Gasoline              7/10/2014  11/6/2023,
                            Terminals.                            [Insert citation
                                                                  of publication].
62-296.511...............  Solvent Metal              11/5/2020  11/6/2023,
                            Cleaning.                             [Insert citation
                                                                  of publication].
62-296.512...............  Cutback Asphalt..          8/14/2019  11/6/2023,
                                                                  [Insert citation
                                                                  of publication].
62-296.513...............  Surface Coating            7/10/2014  11/6/2023,
                            of Miscellaneous                      [Insert citation
                            Metal Parts and                       of publication].
                            Products.
62-296.514...............  Surface Coating            7/10/2014  11/6/2023,
                            of Flat Wood                          [Insert citation
                            Paneling.                             of publication].
62-296.515...............  Graphic Arts               7/10/2014  11/6/2023,
                            Systems.                              [Insert citation
                                                                  of publication].
62-296.516...............  Petroleum Liquid           7/10/2014  11/6/2023,
                            Storage Tanks                         [Insert citation
                            with External                         of publication].
                            Floating Roofs.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2023-23833 Filed 11-3-23; 8:45 am]
BILLING CODE 6560-50-P


