Air Plan Approval; Florida; Revisions to Stationary Sources-Removal of Clean Air Interstate Rule Provisions

ENVIRONMENTAL PROTECTION AGENCY <CFR>40 CFR Part 52</CFR> <DEPDOC>[EPA-R04-OAR-2024-0049; FRL-12620-01-R4]</DEPDOC> <SUBJECT>Air Plan Approval; Florida; Revisions to Stationary Sources—Removal of Clean Air Interstate Rule Provisions</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 August 15, 2023. The revision seeks to remove certain Clean Air Interstate Rule (CAIR)-related definitions, and CAIR-related portions of certain definitions, in the Stationary Sources—General Requirements chapter of the Florida SIP because they have become obsolete. EPA is proposing to approve these changes pursuant to the Clean Air Act (CAA or Act). </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> Comments must be received on or before April 28, 2025. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> Submit your comments, identified by Docket ID No. EPA-R04-OAR-2024-0049 at <E T="03">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> Mr. Steven Scofield, Multi-Air Pollutant Coordination Section, Air Planning and Implementation Branch, Air and Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is (404) 562-9034. Mr. Scofield can also be reached via electronic mail at <E T="03">scofield.steve@epa.gov.</E> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">I. Background</HD> Under CAA section 110(a)(2)(D)(i)(I), also called the “good neighbor” provision, states are required to address the interstate transport of air pollution. Specifically, the good neighbor provision requires that each state's implementation plan contain adequate provisions to prohibit air pollutant emissions from within the state that will significantly contribute to nonattainment of the national ambient air quality standards (NAAQS), or that will interfere with maintenance of the NAAQS, in any other state. In 2005, EPA published CAIR to limit the interstate transport of ozone and fine particulate matter (PM <E T="52">2.5</E> ) under the CAA's good neighbor provision. <E T="03">See</E> 70 FR 25162 (May 12, 2005). CAIR originally required 28 eastern states, including Florida, to submit SIPs prohibiting emissions that exceeded certain limits. CAIR also established several trading programs for nitrogen oxides (NO <E T="52">X</E> ), an ozone precursor, and sulfur dioxide (SO <E T="52">2</E> ), a PM <E T="52">2.5</E> precursor. The trading programs were implemented through Federal Implementation Plans (FIPs) for electric generating units (EGUs) greater than 25 megawatts in each affected State. <SU>1</SU> <FTREF/> These trading programs did not apply to large non-EGUs. States could then submit SIPs to replace the FIPs to achieve the required emission reductions from EGUs and could choose to opt in non-EGU sources. <FTNT> <SU>1</SU>  For additional background regarding these FIPs, including details specific to Florida, <E T="03">see</E> Proposed Approval of Implementation Plans of Florida: Clean Air Interstate Rule, 72 FR 42344 (August 2, 2007). </FTNT> On October 12, 2007, EPA published a SIP revision for Florida implementing the requirements of CAIR, incorporating former Florida Administrative Code (F.A.C.) Rule 62-296.470, <E T="03">Implementation of Federal Clean Air Interstate Rule</E> into the SIP and making CAIR-related changes to the SIP-approved general definitions rule at Rule 62-62-210.200, <E T="03">Definitions. See</E> 72 FR 58016. The United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) initially vacated CAIR in 2008, but ultimately remanded the rule to EPA without vacatur to preserve the environmental benefits of CAIR. <E T="03">See North Carolina</E> v. <E T="03">EPA,</E> 531 F.3d 896, modified on rehearing, 550 F.3d 1176 (D.C. Cir. 2008). The ruling allowed CAIR to remain in effect temporarily until a replacement rule consistent with the court's opinion was developed. While EPA worked on developing a replacement rule, the CAIR program continued to be implemented with the NO <E T="52">X</E> annual and ozone season trading programs beginning in 2009 and the SO <E T="52">2</E> annual trading program beginning in 2010. In response to the D.C. Circuit's remand of CAIR, EPA published the Cross-State Air Pollution Rule (CSAPR) to address the good neighbor provision for the 1997 ozone NAAQS, the 1997 PM <E T="52">2.5</E> NAAQS, and the 2006 PM <E T="52">2.5</E> NAAQS. <E T="03">See</E> 76 FR 48208 (August 8, 2011). Through subsequent litigation over CSAPR, EPA continued to implement CAIR until December 31, 2014. CSAPR became effective on January 1, 2015. EPA determined that CSAPR does not apply to Florida after demonstrating that Florida does not contribute significantly to nonattainment in, or interfere with maintenance by, any other State with respect to the covered NAAQS. <E T="03">See</E> 81 FR 74504, 74506 (October 26, 2016). <SU>2</SU> <FTREF/> Because CSAPR replaced CAIR and EPA previously determined that CSAPR does not apply to Florida, neither of these rules have any applicability in Florida today. EPA removed Florida's former CAIR rule—Rule 62-296.470, <E T="03">Implementation of Federal Clean Air Interstate Rule</E> —from the SIP on October 3, 2023. <E T="03">See</E> 88 FR 67963. <FTNT> <SU>2</SU>  Additional updates were made to the CSAPR trading program following its original approval on August 8, 2011, including the CSAPR Update on October 26, 2016 (81 FR 74504) and Revised CSAPR Update on April 30, 2021 (86 FR 23054) for ozone interstate transport. These subsequent CSAPR rules continued to demonstrate that sources in Florida were not significantly contributing to any maintenance or nonattainment area, therefore, the CSAPR Update and the Revised CSAPR Update do not apply for the State. </FTNT> In this proposed action, EPA is proposing to approve the SIP revision submitted by FDEP on August 15, 2023, seeking to remove certain CAIR-related definitions, and CAIR-related portions of certain definitions, from Chapter 62-210, <E T="03">Stationary Sources—General Requirements,</E> of the Florida SIP. <SU>3</SU> <FTREF/> Specifically, this proposed action addresses definitional changes adopted by the State, effective July 3, 2018, to SIP-approved Rule 62-210.200, <E T="03">Definitions.</E> These definitions are referenced throughout Chapter 62-210 and in other parts of the SIP. Approval of these changes would improve consistency with Federal and State regulations. <FTNT> <SU>3</SU>  The August 15, 2023, submittal contains revisions to other Florida SIP-approved rules that are not addressed in this document. EPA will act on those rule changes in separate rulemakings. </FTNT> The following definitions are proposed to be removed from the SIP: 62-210.200(52) “CAIR”; 62-210.200(53) “CAIR NO <E T="52">X</E> Allowance”; 62-210.200(54) “CAIR NO <E T="52">X</E> Annual Trading Program”; 62-210.200(55) “CAIR NO <E T="52">X</E> Ozone Season Allowance”; 62-210.200(56) “CAIR NO <E T="52">X</E> Ozone Season Trading Program”; 62-210.200(57) “CAIR NO <E T="52">X</E> Ozone Season Unit”; 62-210.200(58) “CAIR NO <E T="52">X</E> Unit”; 62-210.200(59) “CAIR Part” or “CAIR Permit”; 62-210.200(60) “CAIR Program”; 62-210.200(61) “CAIR SO <E T="52">2</E> Allowance”; 62-210.200(62) “CAIR SO <E T="52">2</E> Trading Program”; 62-210.200(63) “CAIR SO <E T="52">2</E> Unit”; 62-210.200(64) “CAIR Source”; and 62-210.200(65) “CAIR Unit”. The SIP revision also removes the CAIR-related portions of 62-210.200(91) “Commence Operation” (removing paragraph (b)) and 62-210.200(115) “Designated Representative” (removing paragraph (b) and moving paragraph (c) to paragraph (b)). These changes to Rule 62-210.200 were state-effective on July 3, 2018, and remove multiple definitions and portions of definitions that are obsolete. Florida specifically removed the CAIR programmatic definitions, as well as references to CAIR in the Rule because CAIR is no longer operative as a rule and it repealed its State CAIR rule as discussed above. <SU>4</SU> <FTREF/> The removal of other CAIR-related definitions was also requested as part of this August 15, 2023, SIP submission; however, EPA will address these changes in a separate rulemaking. <FTNT> <SU>4</SU>  A summary and timeline of the federal and State alterations to the CAIR regulations can be found in Appendix A of Florida's August 15, 2023, SIP submission, starting on page 1147. 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