Air Plan Approval; FL; Surface Coating of Miscellaneous Metal Parts and Products Amendments

ENVIRONMENTAL PROTECTION AGENCY <CFR>40 CFR Part 52</CFR> <DEPDOC>[EPA-R04-OAR-2023-0273; FRL-12121-01-R4]</DEPDOC> <SUBJECT>Air Plan Approval; FL; Surface Coating of Miscellaneous Metal Parts and Products Amendments</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Environmental Protection Agency (EPA). <HD SOURCE="HED">ACTION:</HD> Proposed rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the Florida Department of Environmental Protection (FDEP) on October 12, 2022. The State is requesting amendments to allow the option for aerospace parts and products coating operations in Florida to comply with the Federal National Emission Standards for Hazardous Air Pollutants (NESHAP) requirements in lieu of the volatile organic compound (VOC) standards in Florida's Surface Coating of Miscellaneous Metal Parts and Products (MMPP) rule (hereinafter referred to as FL MMPP Rule) in the Florida SIP. The State has provided information in its October 12, 2022, submission to support the amendments to the FL MMPP Rule in the Florida SIP pursuant to the Clean Air Act (CAA or Act). EPA is proposing to determine that the changes included in Florida's October 12, 2022, submission are consistent with the applicable provisions of the CAA. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> Comments are due on or before August 29, 2024. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> Submit your comments, identified by Docket ID No. EPA-R04-OAR-2023-0273, at <E T="03">www.regulations.gov.</E> Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from <E T="03">Regulations.gov.</E> EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission ( <E T="03">i.e.,</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 <E T="03">https://www.epa.gov/dockets/commenting-epa-dockets.</E> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Simone Jarvis, 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. Ms. Jarvis can be reached via phone number (404) 562-8393 or via electronic mail at <E T="03">Jarvis.Simone@epa.gov.</E> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">I. Background</HD> The FL MMPP Rule—Rule 62-296.513, <E T="03">Surface Coating of Miscellaneous Metal Parts and Products</E> —provides specific reasonably available control technology (RACT) requirements for sources in Broward, Duval, Hillsborough, Miami-Dade, Orange, Palm Beach, or Pinellas Counties that apply surface coatings to any number of metal parts and products, to limit their VOC emission rates, including surface coating at aerospace manufacturing operations. <SU>1</SU> <FTREF/> However, sources are exempt from regulation under this rule if they emit no more than 15 pounds in any one day and no more than three pounds in any one hour. The FL MMPP Rule was incorporated into the Florida SIP to address the RACT requirements for areas that were designated nonattainment for the 1979 1-hour ozone standard. <SU>2</SU> <FTREF/> EPA redesignated these areas to attainment in 1995. <SU>3</SU> <FTREF/> <FTNT> <SU>1</SU>   <E T="03">See</E> Rule 62-296.500(3)(a). </FTNT> <FTNT> <SU>2</SU>  On November 6, 1991, EPA designated and classified the Miami-Fort Lauderdale-W. Palm Beach Area ( <E T="03">i.e.,</E> Broward, Dade, and Palm Beach Counties) as moderate nonattainment for the 1979 1-hour ozone NAAQS; the Jacksonville Area ( <E T="03">i.e.,</E> Duval County) as transitional nonattainment; the Tampa-St. Petersburg-Clearwater Area ( <E T="03">i.e.,</E> Hillsborough and Pinellas Counties) as marginal nonattainment; and Orange County as attainment. <E T="03">See</E> 56 FR 56694. Among the requirements applicable to nonattainment areas for the 1-hour ozone NAAQS was the requirement to amend the SIPs for areas to satisfy the requirements of Section 183 of the CAA. </FTNT> <FTNT> <SU>3</SU>   <E T="03">See</E> 60 FR part 41 for the Jacksonville, FL (Duval County) redesignation. <E T="03">See</E> 60 FR 10325 for the Miami-Fort Lauderdale-W. Palm Beach, FL (Miami-Dade, Broward, and Palm Beach Counties) redesignation. <E T="03">See</E> 60 FR 62748 for the Tampa-St. Petersburg-Clearwater, FL (Hillsborough and Pinellas Counties) redesignation. </FTNT> In September 1995, EPA promulgated a NESHAP for Aerospace Manufacturing and Rework Facilities at 40 CFR part 63, subpart GG (Aerospace NESHAP). EPA subsequently amended the Aerospace NESHAP in 1996, 1998, 2006, 2015, and 2016. In Florida's October 12, 2022, SIP revision, the State seeks to amend the FL MMPP Rule by exempting certain aerospace parts and products coating operations from this rule if such operations comply with requirements of the applicable provisions of the Aerospace NESHAP. Area sources  <SU>4</SU> <FTREF/> of hazardous air pollutants (HAPs) previously subject to the FL MMPP Rule that elect to comply with specific provisions of the Aerospace NESHAP related to the “primer, topcoat, and specialty coating VOC control requirements” would not be subject to the requirements of the FL MMPP Rule. Major sources of HAPs, <SU>5</SU> <FTREF/> which are required to comply with the NESHAP would also not be subject to the FL MMPP Rule. <FTNT> <SU>4</SU>  Area source means any stationary source of hazardous air pollutants that is not a major source as defined in 40 CFR 63.2. </FTNT> <FTNT> <SU>5</SU>  Major source means any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit considering controls, in the aggregate, 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants defined in 40 CFR 63.2. </FTNT> Some specialty coatings operations that use surface coatings with VOC contents allowed under the Aerospace NESHAP may be allowed to use coatings that have higher VOC contents, which FDEP states could contribute to de minimus increases in the potential to emit VOCs at those facilities, but FDEP does not expect that actual VOC emissions will increase to any measurable extent. FDEP states that the cumulative VOC emissions increases potentially occurring at any existing facility subject to the FL MMPP Rule and proposed for exemption when complying with the Aerospace NESHAP would be well below levels that could, as precursors to ozone formation, significantly impact local or regional air quality. EPA is proposing to approve this revision to the Florida SIP for the reasons discussed in section II of this preamble. <HD SOURCE="HD1">II. EPA's Analysis of Florida's October 12, 2022, SIP Revision</HD> As noted above, the Aerospace NESHAP regulates VOC emissions from the aerospace industry. EPA evaluated the proposed revision under section 110(l) of the CAA. Section 110(l) specifies that EPA may not approve a SIP revision if it would interfere with any applicable requirement concerning attainment of any of the National Ambient Air Quality Standards (NAAQS) and reasonable further progress, or any other applicable requirements of the CAA. The State is seeking to revise the SIP to provide that aerospace parts and products coating operations classified as area sources of HAPs may, in lieu of complying with the VOC requirements of the FL MMPP Rule, instead comply with specified elements of EPA's Aerospace NESHAP, as adopted by reference in Rule 62-204.800. <SU>6</SU> <FTREF/> The changes would also exempt major sources of HAP emissions that are required to comply with the NESHAP from the FL MMPP Rule. Thus, area sources that are currently subject to the FL MMPP Rule, and instead opt to comply with the primer, topcoat, and specialty coating VOC control requirements in the NESHAP, as well as major sources of HAP emissions that are required to comply with the NESHAP, would no longer be subject to the requirements of the FL MMPP Rule. Applying the VOC control requirements of the Aerospace NESHAP to aerospace parts and products coating operations in Florida, in lieu of the FL MMPP rule, is not expected to result in emission increases that would interfere with attainment of the NAAQS. <FTNT> <SU>6</SU>  Rule 62-204.800 adopts and incorporates by reference Federal rules cited throughout FDEP's air pollution rules. </FTNT> On June 4, 2018, <SU>7</SU> <FTREF/> EPA designated all counties, except Duval County in Florida as attainment/unclassifiable for the 2015 ozone NAAQS. On November 21, 2019, <SU>8</SU> <FTREF/> EPA redesignated Duval County from unclassifiable to attainment/unclassifiable for the 2015 ozone NAAQS. With all counties in Florida attaining the 1997, 2008, and 2015 ozone NAAQS, as well as the 2006 and 2012 PM <E T="52">2.5</E> NAAQS, and anticipated to attain the 2024 PM <E T="52">2.5</E> NAAQS based on preliminary monitoring data, <SU>9</SU> <FTREF/> it is unlikely that any de minimis increases in the potential to em ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 21k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━