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Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Proposed Rules
relate to GHG under a SIP-approved PSD permitting program.1
On July 30, 2012 77 FR 44485, EPA
disapproved portions of Floridas 1997
8-hour ozone infrastructure SIP
submission related to GHG PSD
permitting requirements under section 110a2C and section 110a2J. The disapproval action was a result of Florida not submitting a SIP revision to adopt the appropriate emission thresholds for determining which new stationary sources and modification projects become subject to PSD
permitting requirements for their GHG
emissions as promulgated in the GHG
Tailoring Rule. See 75 FR 31514 June 3, 2010.
On April 3, 2013 78 FR 19998, EPA
disapproved the portion of Floridas infrastructure SIP submission for both the 1997 annual and 2006 24-hour PM2.5
NAAQS related to GHG PSD permitting requirements under the section 110a2DiII provision that prohibits emissions activity in one state from interfering with measures required to prevent significant deterioration of air quality in another state. The Florida SIP
for these two standards did not provide adequate legal authority to address the GHG PSD permitting requirements at or above the levels of emissions set forth in the June 3, 2010, GHG Tailoring Rule.
On November 1, 2013 78 FR 65559, EPA disapproved portions of Floridas 2008 8-hour ozone infrastructure SIP
submission related to GHG PSD
permitting requirements under section 110a2C, the section 110a2DiII provision that prohibits emissions activity in one state from interfering with measures required to prevent significant deterioration of air quality in another state, and section 110a2J. The disapproval was a result of Florida not submitting a SIP
revision to adopt the appropriate emission thresholds for determining which new stationary sources and modification projects become subject to PSD permitting requirements for their GHG emissions as promulgated in the June 3, 2010, GHG Tailoring Rule.
In summary, for the 2008 and 1997 8hour ozone and the 1997 annual and 2006 24-hour PM2.5 NAAQS, Floridas SIP did not address or provide adequate legal authority for the implementation of a GHG PSD program in Florida.
On May 19, 2014 79 FR 28607, EPA
approved Floridas December 19, 2013, SIP revision that amended the States definition of PSD pollutant to provide Florida with the authority to regulate GHG under its PSD program to establish 1 See
section II for a description of these CAA
infrastructure SIP elements.

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PSD applicability thresholds for GHG
emissions at the same emissions thresholds and in the same timeframes as those specified by EPA in the June 3, 2010, GHG Tailoring Rule. Based on this May 19, 2014 approval, the Florida SIP
addressed the GHG requirements for PSD as specified in the June 3, 2010, GHG Tailoring Rule.
II. Analysis of Floridas Submission A. Section 110a2C Programs for Enforcement of Control Measures and for Construction or Modification of Stationary Sources This element consists of three subelements: Enforcement, state-wide regulation of new and modified minor sources and minor modifications of major sources, and preconstruction permitting of new major sources and major modifications in areas designated attainment or unclassifiable for the subject NAAQS as required by CAA title I part C i.e., the major source PSD
program.
This proposed action pertains to the PSD permitting for new major sources and major modifications for the 2008
and 1997 8-hour ozone NAAQS. EPA
interprets the PSD sub-element to require that a states infrastructure SIP
submission for a particular NAAQS
demonstrate that the state has a complete PSD permitting program in place covering the current PSD
requirements for all regulated NSR
pollutants. A states PSD permitting program is complete for this subelement and DiII and J related to PSD if EPA has already approved or is simultaneously approving the states implementation plan with respect to all PSD requirements that are due under the EPA regulations or the CAA.
FDEPs August 26, 2020, submission cited a number of SIP provisions to address the major source PSD program.
Floridas authority to regulate new and modified sources to assist in the protection of air quality in attainment or unclassifiable areas is established in Chapter 62210 and Chapter 62212 of the Florida SIP. Under Floridas SIP, new major sources and major modifications in areas of the State designated attainment or unclassifiable for a NAAQS are subject to a federallyapproved PSD permitting program meeting all the current structural requirements of part C of title I of the CAA to satisfy the infrastructure SIP
PSD elements. With EPAs May 19, 2014
approval of Floridas SIP revision to address GHG under its PSD program in accordance with the GHG Tailoring Rule, Floridas SIP satisfied current CAA requirements for PSD. Therefore,
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EPA has made the preliminary determination that Floridas SIP and practices are adequate for PSD
permitting related to GHGs for major sources and major modifications as required by section 110a2C for the 2008 and 1997 8-hour ozone NAAQS.
B. Section 110a2DiI and II
Interstate Pollution Transport Section 110a2Di has two components: 110a2DiI and 110a2DiII. Each of these components has two subparts resulting in four distinct components, commonly referred to as prongs, that must be addressed in infrastructure SIP
submissions. The first two prongs, which are codified in section 110a2DiI, are provisions that prohibit any source or other type of emissions activity in one state from contributing significantly to nonattainment of the NAAQS in another state prong 1 and interfering with maintenance of the NAAQS in another state prong 2. The third and fourth prongs, which are codified in section 110a2DiII, are provisions that prohibit emissions activity in one state from interfering with measures required to prevent significant deterioration of air quality in another state prong 3, or to protect visibility in another state prong 4.
This proposed action pertains to 110a2DiIIprong 3 for the 2008
8-hour ozone and the 1997 annual and 2006 24-hour PM2.5 NAAQS. This requirement may be met by a states confirmation in an infrastructure SIP
submission that new major sources and major modifications in the state are subject to a PSD program meeting current structural requirements of part C
of title I of the CAA, or if the state contains nonattainment areas that have the potential to impact PSD in another state, a nonattainment new source review NNSR program.2 A states PSD
permitting program satisfies prong 3 if EPA has already approved or is simultaneously approving the states implementation plan with respect to all PSD requirements that are due under EPA regulations or the CAA on or before the date of EPAs proposed action on the infrastructure SIP submission.
As explained in the discussion of section 110a2C, Floridas SIP
contains provisions for the States PSD
program that reflect the required structural PSD requirements to satisfy prong 3 of section 110a2DiII.
Florida addresses prong 3 for PSD
2 Floridas NNSR program is not relevant to this proposed action as it is limited to the regulation of GHGs under the States PSD program.

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