Air Plan Approval; Florida; Miscellaneous SIP Changes

<RULE> ENVIRONMENTAL PROTECTION AGENCY <CFR>40 CFR Part 52</CFR> <DEPDOC>[EPA-R04-OAR-2022-0660; FRL-11572-02-R4]</DEPDOC> <SUBJECT>Air Plan Approval; Florida; Miscellaneous SIP Changes</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Environmental Protection Agency (EPA). <HD SOURCE="HED">ACTION:</HD> Final rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The Environmental Protection Agency (EPA) is approving changes to the Florida State Implementation Plan (SIP), submitted by the Florida Department of Environmental Protection (FDEP) on April 1, 2022. The final rule revision corrects definitions, updates and removes outdated references, clarifies rule applicability in several rules within the Florida SIP, and removes methods to determine visible emissions. EPA is approving the changes because they are consistent with the Clean Air Act (CAA or Act). </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> This rule is effective February 21, 2024. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2022-0660. All documents in the docket are listed on the <E T="03">regulations.gov</E> website. Although listed in the index, some information may not be publicly available, <E T="03">i.e.,</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 <E T="03">www.regulations.gov</E> 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 you contact the person listed in the <E T="02">FOR FURTHER INFORMATION CONTACT</E> 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. <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Tiereny Bell, Air Regulatory Management Section, Air Planning and Implementation Branch, Air and Radiation Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is (404) 562-9088. Ms. Bell can also be reached via electronic mail at <E T="03">bell.tiereny@epa.gov</E> . </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">I. Background</HD> On April 1, 2022, FDEP submitted a SIP revision to EPA regarding Chapter 62-296, Florida Administrative Code (F.A.C.), <E T="03">Stationary Sources,</E> of the Florida SIP. In Florida's April 1, 2022, submission, the State is requesting that EPA approve changes to the following rules in the Florida SIP: Rule 62-296.320(4), <E T="03">General Pollutant Emission Limiting Standards</E> ;  <SU>1</SU> <FTREF/> Rule 62-296.406, <E T="03">Fossil Fuel Steam Generators with Less Than 250 Million Btu Per Hour Heat Input, New and Existing Emissions Units</E> ; Rule 62-296.602, <E T="03">Primary Lead-Acid Battery Manufacturing Operations</E> ; Rule 62-296.603, <E T="03">Secondary Lead Smelting Operations</E> ; Rule 62-296.604, <E T="03">Electric Arc Furnace Equipped Secondary Steel Manufacturing Operations</E> ; Rule 62-296.700, <E T="03">Reasonably Available Control Technology (RACT) Particulate Matter</E> ; Rule 62-296.702, <E T="03">Fossil Fuel Steam Generators</E> ; Rule 62-296.704, <E T="03">Asphalt Concrete Plants</E> ; Rule 62-296.705, <E T="03">Phosphate Processing Operations</E> ; Rule 62-296.707, <E T="03">Electric Arc Furnaces</E> ; Rule 62-296.708, <E T="03">Sweat or Pot Furnaces</E> ; Rule 62-296.711, <E T="03">Materials Handling, Sizing, Screening, Crushing and Grinding Operations</E> ; and Rule 62-296.712, <E T="03">Miscellaneous Manufacturing Process Operations</E> . <SU>2</SU> <FTREF/> <FTNT> <SU>1</SU>  On October 13, 2023, the State submitted a letter to EPA withdrawing its request to revise subsection (3) of Rule 62-296.320. Thus, EPA is not acting on Rule 62-296.320(3). For further information, please see the docket for this rulemaking, which includes Florida's October 13, 2023, withdrawal letter. </FTNT> <FTNT> <SU>2</SU>  On April 1, 2022, FDEP submitted a number of SIP revisions to Chapter 62-296, <E T="03">Stationary Sources</E> . These other SIP revisions not described herein will be acted on through other rulemakings. <E T="03">See also,</E> footnote 1 regarding subsection (3) of Rule 62-296.320. </FTNT> Through a notice of proposed rulemaking (NPRM) published on November 28, 2023 (88 FR 83062), EPA proposed to approve the April 1, 2022, SIP submittal, which corrects definitions, updates and removes outdated references, clarifies applicability in these rules, and removes methods to determine visible emissions in Rules 62-296.320 and 62-296.406. The details of the submission, as well as EPA's rationale for changing these rules, are described in more detail in EPA's November 28, 2023, NPRM. Comments on the November 28, 2023, NPRM were due on or before December 28, 2023. EPA received one comment on the November 28, 2023, NPRM, and it supports EPA's action. No adverse comments were received. <HD SOURCE="HD1">II. Incorporation by Reference</HD> In this document, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, and as discussed in Section I of this preamble, EPA is finalizing the incorporation by reference of Rule 62-296.320(4), <E T="03">General Pollutant Emission Limiting Standards,</E> state effective on July 10, 2014;  <SU>3</SU> <FTREF/> Rule 62-296.406, <E T="03">Fossil Fuel Steam Generators with Less Than 250 Million Btu Per Hour Heat Input,</E> state effective on November 5, 2020; Rule 62-296.602, <E T="03">Primary Lead-Acid Battery Manufacturing Operations,</E> state effective on July 10, 2014; Rule 62-296.603, <E T="03">Secondary Lead Smelting Operations,</E> state effective on July 10, 2014; Rule 62-296.604 <E T="03">, Electric Arc Furnace Equipped Secondary Steel Manufacturing Operations,</E> state effective on July 10, 2014; Rule 62-296.700 <E T="03">, Reasonably Available Control Technology (RACT) Particulate Matter,</E> state effective on August 14, 2019; Rule 62-296.702 <E T="03">, Fossil Fuel Steam Generators,</E> state effective on July 10, 2014; Rule 62-296.704, <E T="03"> Asphalt Concrete Plants,</E> state effective on July 10, 2014; Rule 62-296.705, <E T="03">Phosphate Processing Operations,</E> state effective on July 10, 2014; Rule 62-296.707, <E T="03">Electric Arc Furnaces,</E> state effective on July 10, 2014; Rule 62-296.708, <E T="03">Sweat or Pot Furnaces,</E> state effective on July 10, 2014; Rule 62-296.711, <E T="03">Materials Handling, Sizing, Screening, Crushing and Grinding Operations,</E> state effective on July 10, 2014; and Rule 62-296.712, <E T="03">Miscellaneous Manufacturing Process Operations,</E> state effective on July 10, 2014. EPA has made, and will continue to make, these materials generally available through <E T="03">www.regulations.gov</E> and at the EPA Region 4 Office (please contact the person identified in the <E T="02">FOR FURTHER INFORMATION CONTACT</E> section of this preamble for more information). Therefore, these materials have been approved by EPA for inclusion in the State implementation plan, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference in the next update to the SIP compilation. <SU>4</SU> <FTREF/> <FTNT> <SU>3</SU>  Subsections (1), (2), and (3) of Rule 62-296.320 remain in the SIP with a state effective date of March 13, 1996. </FTNT> <FTNT> <SU>4</SU>  62 FR 27968 (May 22, 1997). </FTNT> <HD SOURCE="HD1">III. Final Action</HD> EPA is approving the changes to Rule 62-296.320(4), <E T="03">General Pollutant Emission Limiting Standards</E> ; Rule 62-296.406, <E T="03">Fossil Fuel Steam Generators with Less Than 250 Million Btu Per Hour Heat Input</E> ; Rule 62-296.602, <E T="03">Primary Lead-Acid Battery Manufacturing Operations</E> ; Rule 62-296.603, <E T="03">Secondary Lead Smelting Operations</E> ; Rule 62-296.604, <E T="03">Electric Arc Furnace Equipped Secondary Steel Manufacturing Operations</E> ; Rule 62-296.700, <E T="03">Reasonably Available Control Technology (RACT) Particulate Matter</E> ; Rule 62-296.702, <E T="03">Fossil Fuel Steam Generators</E> ; Rule 62-296.704, <E T="03">Asphalt Concrete Plants</E> ; Rule 62-296.705, <E T="03">Phosphate Processing Operations</E> ; Rule 62-296.707, <E T="03">Electric Arc Furnaces</E> ; Rule 62-296.708, <E T="03">Sweat or Pot Furnaces</E> ; Rule 62-296.711, <E T="03">Materials Handling, Sizing, Screening, Crushing and Grinding Operations</E> ; and Rule 62-296.712, <E T="03">Miscellaneous Manufacturing Process Operations,</E> into the Florida SIP. EPA is approving these changes because they are consistent with the CAA. <HD SOURCE="HD1">IV. Statutory and Executive Order Reviews</HD> Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. <E T="03">See</E> 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 i ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 19k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━