Federal Register - March 2, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Proposed Rules through Chapters 62204, 62210, and 62212. EPA has made the preliminary determination that Floridas SIP and practices are adequate for interstate transport for PSD permitting of major sources and major modifications related to GHGs for the 2008 8-hour ozone and the 1997 annual and 2006 24- hour PM2.5 NAAQS for section 110a2DiII prong 3.
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C. 110a2J Consultation With Government Officials, Public Notification, and PSD and Visibility Protection This element consists of four subelements: Consultation requirements of section 121, the public notification requirements of section 127, PSD, and visibility protection. This action pertains to the PSD element of section 110a2J for GHGs for the 2008 and 1997 8-hour ozone NAAQS.
With regard to the PSD element of section 110a2J, this requirement is met when a state demonstrates in an infrastructure SIP submission that its PSD program meets all the current requirements of part C of title I of the CAA. As explained in the discussion of section 110a2C, Floridas SIP
contains provisions in Chapters 62210
and 62212 for the States PSD program that reflect the relevant SIP revisions to satisfy the requirement of the PSD
element of section 110a2J. EPA has made the preliminary determination that Floridas SIP is adequate for PSD
permitting of major sources and major modifications related to GHGs for the 2008 and 1997 8-hour ozone NAAQS for section 110a2J.
III. Proposed Action EPA is proposing to approve 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 preliminary 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 1997 annual and 2006
24-hour PM2.5 NAAQS for section 110a2Diii prong 3. Consequently, EPA is proposing 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.
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IV. 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 proposes to approve state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed 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 methods, under Executive Order 12898
59 FR 7629, February 16, 1994.
The SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 65 FR 67249, November 9,
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2000, nor will it impose substantial direct costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by reference, Ozone, Particulate matter, Reporting and recordkeeping requirements and Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 23, 2021.
John Blevins, Acting Regional Administrator, Region 4.
FR Doc. 202104059 Filed 3121; 8:45 am BILLING CODE 656050P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 282
EPAR03UST20200291, FRL 1001807
Region 3
Virginia: Final Approval of State Underground Storage Tank Program Revisions, Codification, and Incorporation by Reference Environmental Protection Agency EPA.
ACTION: Proposed rule.
AGENCY:
Pursuant to the Solid Waste Disposal Act of 1965, as amended commonly known as the Resource Conservation and Recovery Act RCRA, the Environmental Protection Agency EPA is proposing to approve revisions to the Commonwealth of Virginias Underground Storage Tank UST program submitted by the Commonwealth of Virginia Virginia or State. This action is based on EPAs determination that these revisions satisfy all requirements needed for program approval. This action also proposes to codify EPAs approval of Virginias state program and to incorporate by reference those provisions of Virginias regulations and statutes that we have determined meet the requirements for approval. The provisions will be subject to EPAs inspection and enforcement authorities under sections 9005 and 9006 of RCRA
Subtitle I and other applicable statutory and regulatory provisions. In the Rules and Regulations section of this issue of the Federal Register, EPA is approving this action by a direct final rule. If no significant negative comment is received, EPA will not take further action on this proposed rulemaking, and the direct final rule will be effective 60
days from the date of publication in this
SUMMARY:
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