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Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Rules and Regulations inspection. The Regional Offices official hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Pearlene Williams, 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 303038960.
The telephone number is 404 562
9144. Ms. Williams can also be reached via electronic mail at williams.pearlene@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
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Pursuant to section 110a1 of the CAA, states are required to submit SIP
revisions meeting the applicable requirements of section 110a2 within three years after promulgation of a new or revised NAAQS or within such shorter period as EPA may prescribe.
Section 110a2 requires states to address basic SIP elements such as requirements for monitoring, basic program requirements, and legal authority that are designed to assure attainment and maintenance of the NAAQS. States were previously required to submit such SIPs for the 2008 and 1997 8-hour Ozone and the 1997 Annual and 2006 24-hour PM2.5
NAAQS to EPA within three years of promulgation of the respective NAAQS.
Through previous rulemakings, EPA
disapproved portions of several SIP
submissions from Florida regarding the 2008 and 1997 8-hour Ozone, as well as the 1997 Annual and 2006 24-hour PM2.5 NAAQS, because at the time, Floridas SIP did not address or provide adequate legal authority for the implementation of a GHG PSD program in Florida.1 However, on May 19, 2014
79 FR 28607, EPA approved Floridas December 19, 2013, SIP revision that amended the States definition of PSD
pollutant. This Florida SIP revision addressed the Federal GHG
requirements for PSD as specified in the June 3, 2010, GHG Tailoring Rule.2
1 EPA partially disapproved the 1997 8-hour Ozone infrastructure SIP to the extent that it relied on the GHG PSD permitting requirements to meet the 110a2C and 110a2jrequirements; see 77
FR 44485 July 30, 2012. EPA disapproved the States prong 3 of section 110a2Di as it relates to GHG PSD permitting requirements for the 1997
and 2006 Fine Particulate Matter NAAQS, See 78
FR 19998 April 3, 2013. EPA also disapproved section 110a2DiII concerning visibility requirements; and the portions of sections 110a2C, prong 3 of 110a2Di, and 110a2J related to the regulation of GHG
emissions for the 2008 8-hour Ozone NAAQS, See 78 FR 65559 November 1, 2013.
2 75 FR 31514.

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On August 6, 2020, Florida submitted a SIP revision to approve various infrastructure SIP elements that were previously disapproved by EPA. The submittal requested approval for the following elements from the 1997 and 2008 Ozone NAAQS and the 1997 and 2006 PM2.5 NAAQS as it relates to Floridas regulation of greenhouse gases under the PSD program: 1. Sections 110a2C, 110a2DiII Prong 3, and 110a2J infrastructure elements for Floridas 2008 Ozone Infrastructure SIP; 2. Sections 110a2C and 110a2J infrastructure elements for Floridas 1997 Ozone Infrastructure SIP;
3. Section 110a2DiII Prong 3
infrastructure elements for Floridas 2006 PM2.5 Infrastructure SIP; and 4.
Section 110a2DiII Prong 3
infrastructure elements for Floridas 1997 PM2.5 Infrastructure SIP. This action only pertains to sections 110a2C, DiII, and J as they relate to GHG under a SIP-approved PSD permitting program.
Thus, in a notice of proposed rulemaking NPRM published on March 2, 2021, 86 FR 12143, EPA
proposed to determine that Floridas SIP
and practices are adequate for GHG PSD
permitting of major sources and major modifications related to the 2008 8-hour Ozone NAAQS for sections 110a2C, Di prong 3, and J; the 1997 8-hour Ozone NAAQS for sections 110a2C
and J; and the 1997 Annual and 2006
24-hour PM2.5 NAAQS for section 110a2Diii prong 3. Consequently, EPA proposed to convert the previous disapprovals of Floridas infrastructure SIPs related to the CAA GHG PSD
permitting requirements for the 2008
and 1997 8-hour Ozone and the 1997
Annual and 2006 24-hour PM2.5 NAAQS
to full approvals. The March 2, 2021, NPRM provides additional detail regarding the background and rationale for EPAs action. Comments on the March 2, 2021, NPRM were due on or before April 1, 2021. EPA received no comments on the March 2, 2021, NPRM.
II. Final Action EPA is approving revisions to the Florida SIP, submitted on August 26, 2020, related to sections 110a2C, Di prong 3, and J as they relate to new major sources and major modifications in areas of the State designated attainment or unclassifiable.
EPA has made the determination that Floridas SIP and practices are adequate for GHG PSD permitting of major sources and major modifications related to the 2008 8-hour Ozone NAAQS for sections 110a2C, Di prong 3, and J; the 1997 8-hour Ozone NAAQS
for sections 110a2C and J; and the
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1997 Annual and 2006 24-hour PM2.5
NAAQS for section 110a2Diii prong 3. Consequently, EPA is converting the previous disapprovals of Floridas infrastructure SIPs related to the CAA GHG PSD permitting requirements for the 2008 and 1997
8-hour Ozone and the 1997 Annual and 2006 24-hour PM2.5 NAAQS to full approvals.
III. 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. 7410k; 40 CFR 52.02a.
Thus, in reviewing SIP submissions, EPAs role is to approve state choices, provided that they meet the criteria of the CAA. 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 13563 76 FR 3821, January 21, 2011;
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. 1044;
Does not have Federalism implications as specified in Executive Order 13132 64 FR 43255, August 10, 1999;
Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 62 FR 19885, April 23, 1997;
Is not a significant regulatory action subject to Executive Order 13211 66 FR
28355, May 22, 2001;
Is not subject to requirements of section 12d 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; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible
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