RULE NO: RULE TITLE
62-204.800: Federal Regulations Adopted by Reference
PURPOSE, EFFECT AND SUMMARY: The proposed rule amendments update, through March 31, 2007, the department’s adoption-by-reference of air pollution regulations promulgated by the U.S. Environmental Protection Agency (EPA) at 40 CFR Parts 50, 51, 53, 58, 63 and 74.
SPECIFIC AUTHORITY: 403.8055 FS.
LAW IMPLEMENTED: 403.031, 403.061, 403.087, 403.8055 FS.
THIS RULEMAKING IS UNDERTAKEN PURSUANT TO SECTION
403.8055, F.S. WRITTEN COMMENTS MAY BE SUBMITTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE TO: Ms. Rebecca Robinette, Office of General Counsel, Department of Environmental Protection, 3900 Commonwealth Blvd., MS 35, Tallahassee, Florida 32399-3000.
SUBSTANTIALLY AFFECTED PERSONS MAY WITHIN 14 DAYS OF THE DATE OF THIS NOTICE, FILE AN OBJECTION TO THIS RULEMAKING WITH THE AGENCY. THE OBJECTION SHALL SPECIFY THE PORTIONS OF THE PROPOSED RULE TO WHICH THE PERSON OBJECTS AND THE SPECIFIC REASONS FOR THE OBJECTION.

THE FULL TEXT OF THE PROPOSED RULE IS:

62-204.800 Federal Regulations Adopted by Reference.

All federal regulations cited throughout the air pollution rules of the Department are adopted and incorporated by reference in this rule. The purpose and effect of each such federal regulation is determined by the context in which it is cited. Procedural and substantive requirements in the incorporated federal regulations are binding as a matter of state law only where the context so provides.

(1) Title 40, Code of Federal Regulations, Part 50, National Primary and Secondary Ambient Air Quality Standards.

(a) The provisions of 40 CFR Part 50, Sections 50.1 through 50.12, revised as of July 1, 2006; section 50.13, promulgated October 17, 2006, at 71 FR 61143; and section 50.14, promulgated March 22, 2007, at 72 FR 13559; 2001, except Section 50.7, are adopted and incorporated by reference.

(b) The following appendices of 40 CFR Part 50, revised as of July 1, 2006 2001, or later as specifically indicated, are adopted and incorporated by reference:

1. through 10. No change.

11. 40 CFR 50, Appendix K, Interpretation of the National Ambient Air Quality Standards for PM₁₀;, amended October 17, 2006, at 71 FR 61143 July 30, 2004, at 69 FR 45592 .

12. 40 CFR 50, Appendix L, Reference Method for the Determination of Fine Particulate Matter as PM_2.5 in the Atmosphere; promulgated October 17, 2006, at 71 FR 61143 (Reserved).

13. 40 CFR 50, Appendix N, Interpetation of the National Ambient Air Quality Standards for PM_2.5; promulgated October 17, 2006, at 71 FR 61143.

14. 40 CFR 50, Appendix O, Reference Method for the Determination of Coarse Particulate Matter as PM_10-2.5 in the Atmosphere; promulgated October 17, 2006, at 71 FR 61143.

(2) Title 40, Code of Federal Regulations, Part 51, Requirements for Preparation, Adoption, and Submittal of Implementation Plans.

(a) The following subparts of 40 CFR Part 51, revised as of July 1, 2006 2001, or later as specifically indicated, are adopted and incorporated by reference:

1. 40 CFR 51, Subpart F, Procedural Requirements; amended January 18, 2007, at 72 FR 2193, revised as of July 1, 2004; amended November 29, 2004, at 68 FR 69290; amended November 29, 2004, at 69 FR 69298.

2. through 5. No change.

(b) The following appendices of 40 CFR Part 51, revised as of July 1, 2006 2001, or later as specifically indicated, are adopted and incorporated by reference:

1. through 4. No change.

(3) No change.

(4) Title 40, Code of Federal Regulations, Part 53, Ambient Air Monitoring Reference and Equivalent Methods.

The following subparts of 40 CFR Part 53, revised as of July 1, 2006 2001, or later as specifically indicated, are adopted and incorporated by reference:

(a) 40 CFR 53, Subpart A, General Provisions; amended October 17, 2006, at 71 FR 61235.

(b) No change.

(c) 40 CFR 53, Subpart C, Procedures for Determining Comparability Between Candidate Methods and Reference Methods; amended October 17, 2006, at 71 FR 61235.

(d) No change.

(e) 40 CFR 53, Subpart E, Procedures for Testing Physical (Design) and Performance Characteristics of Reference Methods and Class I and Class II Equivalent Methods for PM_2.5 or PM_10-2.5; amended October 17, 2006, at 71 FR 61235.

(f) 40 CFR 53, Subpart F, Performance Specifications for PM_2.5 Class II Equivalent Samplers; amended October 17, 2006, at 71 FR 61235.

(5) No change.

(6) Title 40, Code of Federal Regulations, Part 58, Ambient Air Quality Surveillance.

(a) The following subparts of 40 CFR Part 58, revised as of July 1, 2006 2001, or later as specifically indicated, are adopted and incorporated by reference:

1. 40 CFR 58, Subpart A, General Provisions; amended October 17, 2006, at 71 FR 61235.

2. 40 CFR 58, Subpart B, Monitoring Network; Criteria, amended July 30, 2004, at 69 FR 45592 October 17, 2006, at 71 FR 61235.

3. 40 CFR 58, Subpart C, Special Purpose Monitors State and Local Air Monitoring Stations (SLAMS); amended October 17, 2006, at 71 FR 61235.

4. 40 CFR 58, Subpart D, Comparability of Ambient Data to NAAQS; amended October 17, 2006, at 71 FR 61235 National Air Monitoring Stations (NAMS).

5. 40 CFR 58, Subpart E, Photochemical Assessment Monitoring Stations (PAMS).

5.6. 40 CFR 58, Subpart F, Air Quality Index Reporting; amended October 17, 2006, at 71 FR 61235.

6.7. 40 CFR 58, Subpart G, Federal Monitoring; amended October 17, 2006, at 71 FR 61235.

(b) The following appendices of 40 CFR Part 58, revised as of July 1, 2006 2001, or later as specifically indicated, are adopted and incorporated by reference:

1. 40 CFR 58, Appendix A, Quality Assurance Requirements for (SLAMS), SPMs and PSD Air Monitoring; amended October 17, 2006, at 71 FR 61235.

2. 40 CFR 58, Appendix B, Quality Assurance Requirements for Prevention of Significant Deterioration (PSD) Air Monitoring.

2.3. 40 CFR 58, Appendix C, Ambient Air Quality Monitoring Methodology; amended October 17, 2006, at 71 FR 61235.

3.4. 40 CFR 58, Appendix D, Network Design Criteria for Ambient Air Quality Monitoring for State and Local Air Monitoring Stations (SLAMS), National Air Monitoring Stations (NAMS), and Photochemical Assessment Monitoring Stations (PAMS); amended October 17, 2006, at 71 FR 61235.

4.5. 40 CFR 58, Appendix E, Probe and Monitoring Path Siting Criteria for Ambient Air Quality Monitoring; amended October 17, 2006, at 71 FR 61235.

6. 40 CFR 58, Appendix F, Annual SLAMS Air Quality Information.

5.7. No change.

(7) through (10) No change.

(11) Title 40, Code of Federal Regulations, Part 63, National Emission Standards for Hazardous Air Pollutants for Source Categories.

(a) No change.

(b) Standards Adopted. The following National Emission Standards for Hazardous Air Pollutants contained in 40 CFR Part 63, revised as of July 1, 2001, or later as specifically indicated, are adopted and incorporated by reference:

1. through 23. No change.

24. 40 CFR 63, Subpart HH, Oil and Natural Gas Production Facilities; amended June 23, 2003, at 68 FR 37333; amended April 20, 2006, at 71 FR 20445; amended January 3, 2007, at 72 FR 26; except that the Secretary is not the Administrator for purposes of 40 CFR 63.776(c)(1) through (4).

25. through 101. No change.

102. 40 CFR 63, Subpart DDDDDD, National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production Area Sources; promulgated January 23, 2007, at 72 FR 2929; except that the Secretary is not the Administrator for purposes of 40 CFR 63.11145(c)(1) through (5).

103. 40 CFR 63, Subpart EEEEEE, National Emission Standards for Hazardous Air Pollutants for Primary Copper Smelting Area Sources; promulgated January 23, 2007, at 72 FR 2929; except that the Secretary is not the Administrator for purposes of 40 CFR 63.11152(c)(1) through (5).

104. 40 CFR 63, Subpart FFFFFF, National Emission Standards for Hazardous Air Pollutants for Secondary Copper Smelting Area Sources; promulgated January 23, 2007, at 72 FR 2929; except that the Secretary is not the Administrator for purposes of 40 CFR 63.11159(c)(1) through (4).

105. 40 CFR 63, Subpart GGGGGG, National Emission Standards for Hazardous Air Pollutants for Primary Nonferrous Metals Area Sources-Zinc, Cadmium, and Beryllium; promulgated January 23, 2007, at 72 FR 2929; except that the Secretary is not the Administrator for purposes of 40 CFR 63.11168(c)(1) through (4), and 40 CFR 63.11168(c)(1) through (5).

(c) No change.

(d) General Subparts Adopted. The following general subparts of 40 CFR Part 63, revised as of July 1, 2001, or later as specifically indicated, are adopted and incorporated by reference:

1. 40 CFR Part 63, Subpart A, General Provisions; amended February 27, 2002, at 67 FR 9156; amended April 5, 2002, at 67 FR 16581; amended February 18, 2003, at 68 FR 7706; amended April 21, 2003, at 68 FR 19375; amended May 20, 2003, at 68 FR 27645; amended May 23, 2003, at 68 FR 28605; amended May 27, 2003, at 68 FR 28774; amended May 28, 2003, at 68 FR 31745; amended May 29, 2003, at 68 FR 32171; amended May 30, 2003, at 68 FR 32585; amended November 13, 2003, at 68 FR 64431; amended December 19, 2003, at 68 FR 70959; amended January 2, 2004, at 69 FR 129; amended February 3, 2004 at 69 FR 5038; amended April 19, 2004, at 69 FR 20967; amended April 22, 2004, at 69 FR 21905; amended April 26, 2004, at 69 FR 22601; amended June 15, 2004, at 69 FR 33473; amended July 30, 2004, at 69 FR 45943; amended April 15, 2005, at 70 FR 19991; amended May 20, 2005, at 70 FR 29399; amended October 12, 2005, at 70 FR 59401; amended April 20, 2006, at 71 FR 20445; amended December 6, 2006, at 71 FR 70651; amended January 3, 2007, at 72 FR 26; amended January 23, 2006, at 72 FR 2929; except that the Secretary is not the Administrator for purposes of 40 CFR 63.5(e), 40 CFR 63.5(f), 40 CFR 63.6(g), 40 CFR 63.6(h)(9), 40 CFR 63.6(j), 40 CFR 63.13, and 40 CFR 63.14.

2. through 5. No change.

(12) through (17) No change.

(18) Title 40, Code of Federal Regulations, Part 74, Sulfur Dioxide Opt-Ins. The following subparts of 40 CFR Part 74, revised as of July 1, 2006, or later as specifically indicated, are adopted and incorporated by reference:

a. 40 CFR 74, Subpart A, Background and Summary.

b. 40 CFR 74, Subpart B, Permitting Procedures.

c. 40 CFR 74, Subpart C, Allowance Calculations for Combustion Sources.

d. 40 CFR 74, Subpart E, Allowance Tracking and Transfer and End of Year Compliance.

e. 40 CFR 74, Subpart F, Monitoring Emissions: Combustion Sources.

(18) through (25) renumbered (19) through (26) No change.

Specific Authority 403.061, 403.8055 FS. Law Implemented 403.031, 403.061, 403.087, 403.8055 FS. History–New 3-13-96, Amended 6-25-96, 10-7-96, 10-17-96, 12-20-96, 4-18-97, 6-18-97, 7-7-97, 10-3-97, 12-10-97, 3-2-98, 4-7-98, 5-20-98, 6-8-98, 10-19-98, 4-1-99, 7-1-99, 9-1-99, 10-1-99, 4-1-00, 10-1-00, 1-1-01, 8-1-01, 10-1-01, 4-1-02, 7-1-02, 10-1-02, 1-1-03, 4-1-03, 10-1-03, 1-1-04, 4-1-04, 7-1-04, 10-1-04, 1-1-05, 4-1-05, 7-1-05, 10-1-05, 1-1-06, 4-1-06, 7-1-06, 9-4-06, 9-6-06, 1-8-07, 1-31-07, 4-2-07,_________.