62-204.800: Federal Regulations Adopted by Reference
PURPOSE, EFFECT AND SUMMARY: The proposed rule amendments update, through March 31, 2008, the department’s adoption-by-reference of air pollution regulations promulgated by the U.S. Environmental Protection Agency (EPA) at 40 CFR Parts 50, 60, 63, 65, 72 and 75.
SPECIFIC AUTHORITY: 403.8055 FS.
LAW IMPLEMENTED: 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. Patricia E. Comer, 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) through (12) No change.
13. 40 CFR 50, Appendix N, Interpretation of the National Ambient Air Quality Standards for PM2.5; promulgated October 17, 2006, at 71 FR 61143; amended January 9, 2008, at 73 FR 1497.
14. No change.
(2) through (7) No change.
(8) Title 40, Code of Federal Regulations, Part 60, Standards of Performance for New Stationary Sources.
(a) No change.
(b) Standards Adopted. The following Standards of Performance for New Stationary Sources contained in 40 CFR Part 60, revised as of July 1, 2001, or later as specifically indicated, are adopted and incorporated by reference:
1. through 50. No change.
51. 40 CFR 60, Subpart VV, Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry; amended November 16, 2007, at 72 FR 64859; except that the Secretary is not the Administrator for the purposes of 40 CFR 60.482-1(c)(2) and 40 CFR 60.484.
52. 40 CFR 60, Subpart VVa, Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry; for Which Construction, Reconstruction, or Modification Commenced After November 7, 2006; promulgated November 16, 2007, at 72 FR 64859; except that the Secretary is not the Administrator for purposes of 40 CFR 60.484a.
(52) through (56) renumbered (53) through (57) No change.
58.57. 40 CFR 60, Subpart GGG, Equipment Leaks of VOC in Petroleum Refineries; amended August 2, 2001, at 66 FR 40121; amended August 6, 2003, at 68 FR 46489; amended November 16, 2007, at 72 FR 64859.
59. 40 CFR 60, Subpart GGGa, Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries for which Construction, Reconstruction, or Modification Commenced After November 7, 2006; promulgated November 16, 2007, at 72 FR 64859; except that the Secretary is not the Administrator for purposes of 40 CFR 60.592a(c).
(58) through (75) renumbered (60) through (77) No change.
78.76. 40 CFR 60, Subpart IIII, Standards of Performance for Stationary Compression Ignition Internal Combustion Engines; promulgated July 11, 2006, at 71 FR 39153; except that the Secretary is not the Administrator for purposes of 40 CFR 60.4201, 60.4202, 60.4203, and 60.4210.
79. 40 CFR 60, Subpart JJJJ, Standards of Performance for Stationary Spark Ignition Internal Combustion Engines; promulgated January 18, 2008, at 73 FR 3567; except that the Secretary is not the Administrator for purposes of 40 CFR 60.4231, 60.4232, 60.4238, 60.4239, 60.4240, 60.4241, 60.4242, and 60.4247.
(80)(77) No change.
(c) No change.
(d) General Provisions Adopted. The general provisions of 40 CFR Part 60, Subpart A, revised as of July 1, 2001; amended August 27, 2001, at 66 FR 44978; amended July 8, 2004, at 69 FR 41346; amended May 18, 2005, at 70 FR 28605; amended December 16, 2005, at 70 FR 74869; amended June 1, 2006, at 71 FR 31100; amended July 6, 2006, at 71 FR 38481; amended July 11, 2006, at 71 FR 39153; amended May 16, 2007, at 72 FR 27437; amended June 13, 2007, at 72 FR 32709; amended November 16, 2007, at 72 FR 64859; amended January 18, 2008, at 73 FR 3567; are adopted and incorporated by reference except that the Secretary is not the Administrator for purposes of 40 CFR 60.4, 40 CFR 60.8(b)(2) and (3), 40 CFR 60.11(e)(7) and (8), 40 CFR 60.13(g), (i) and (j)(2), and 40 CFR 60.16.
(e) Appendices Adopted. The following appendices of 40 CFR Part 60, revised as of July 1, 2001, or later as specifically indicated, are adopted and incorporated by reference:
1. No change.
2. 40 CFR 60, Appendix A-2, Test Methods 2G through 3C; amended May 15, 2006, at 71 FR 28081; amended September 7, 2007, at 72 FR 51365.
3. No change.
4. 40 CFR 60, Appendix A-4, Test Methods 6 through 10B; amended May 15, 2006, at 71 FR 28081; amended September 7, 2007, at 72 FR 51365.
5. through 6. No change.
7. 40 CFR 60, Appendix A-7, Test Methods 19 through 25E; amended May 15, 2006, at 71 FR 28081; amended September 21, 2006, at 71 FR 55119; amended September 7, 2007, at 72 FR 51365.
8. through 12. No change.
(9) 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 81. No change.
82. 40 CFR 63, Subpart ZZZZ, Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines, promulgated June 15, 2004, at 69 FR 33473; amended April 20, 2006, at 71 FR 20445; amended June 23, 2006, at 71 FR 36014; amended January 18, 2008, at 73 FR 3567.
83. through 86. No change.
87. 40 CFR 63, Subpart EEEEE, Iron and Steel Foundaries; promulgated April 22, 2004, at 69 FR 21905; amended May 20, 2005, at 70 FR 29399; amended April 20, 2006, at 71 FR 20445; amended February 7, 2008, at 73 FR 7210; except that the Secretary is not the Administrator for the purposes of 40 CFR 63.7761(c)(1) through (4).
88. through 101. No change.
102. 40 CFR 63, Subpart YYYYY, National Emission Standards for Hazardous Air Pollutants for Area Sources: Electric Arc Furnace Steelmaking Facilities; promulgated December 28, 2007, at 72 FR 74087; except that the Secretary is not the Administrator for purposes of 40 CFR 63.10691(c)(1) through (6).
103. 40 CFR 63, Subpart ZZZZZ, National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries Area Sources; promulgated January 2, 2008, at 73 FR 225; except that the Secretary is not the Administrator for purposes of 40 CFR 63.10905(c)(1) through (6).
(102) through (105) renumbered (104) through (107) No change.
108.106. 40 CFR 63, Subpart LLLLLL, National Emission Standards for Hazardous Air Pollutants for Acrylic and Modacrylic Fibers Production Area Sources, promulgated July 16, 2007, at 72 FR 38863; amended March 26, 2008, at 73 FR 15923; except that the Secretary is not the Administrator for purposes of 40 CFR 63.11399(b)(1) through (4).
109.107. 40 CFR 63, Subpart MMMMMM, National Emission Standards for Hazardous Air Pollutants for Carbon Black Production Area Sources, promulgated July 16, 2007, at 72 FR 38863; amended March 26, 2008, at 73 FR 15923; except that the Secretary is not the Administrator for purposes of 40 CFR 63.11406(b)(1) through (4).
110.108. 40 CFR 63, Subpart NNNNNN, National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources: Chromium Compounds, promulgated July 16, 2007, at 72 FR 38863; amended March 26, 2008, at 73 FR 15923; except that the Secretary is not the Administrator for purposes of 40 CFR 63.11413(b)(1) through (4).
111.109. 40 CFR 63, Subpart OOOOOO, National Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam Production and Fabrication Area Sources, promulgated July 16, 2007, at 72 FR 38863; amended March 26, 2008, at 73 FR 15923; except that the Secretary is not the Administrator for purposes of 40 CFR 63.11420(b)(1) through (4).
112.110. 40 CFR 63, Subpart PPPPPP, National Emission Standards for Hazardous Air Pollutants for Lead Acid Battery Manufacturing Area Sources, promulgated July 16, 2007, at 72 FR 38863; amended March 26, 2008, at 73 FR 15923;except that the Secretary is not the Administrator for purposes of 40 CFR 63.11427(b)(1) through(4).
113.111. 40 CFR 63, Subpart QQQQQQ, National Emission Standards for Hazardous Air Pollutants for Wood Preserving Area Sources, promulgated July 16, 2007, at 72 FR 38863; amended March 26, 2008, at 73 FR 15923; except that the Secretary is not the Administrator for purposes of 40 CFR 63.11434(b)(1) through (4).
114. 40 CFR 63, Subpart RRRRRR, National Emission Standards for Hazardous Air Pollutants for Clay Ceramics Manufacturing Area Sources; promulgated December 26, 2007, at 72 FR 73179; except that the Secretary is not the Administrator for purposes of 40 CFR 63.11445(c)(1) through (4).
115. 40 CFR 63, Subpart SSSSSS, National Emission Standards for Hazardous Air Pollutants for Glass Manufacturing Area Sources; promulgated December 26, 2007, at 72 FR 73179; except that the Secretary is not the Administrator for purposes of 40 CFR 63.11460(b)(1) through (4).
116. 40 CFR 63, Subpart TTTTTT, National Emission Standards for Hazardous Air Pollutants for Secondary Nonferrous Metals Processing; promulgated December 26, 2007, at 72 FR 73179; except that the Secretary is not the Administrator for purposes of 40 CFR 63.11473(c)(1) through (4).
(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; amended May 16, 2007, at 72 FR 27437; amended July 16, 2007, at 72 FR 38863; amended October 29, 2007, at 72 FR 61060; amended November 16, 2007, at 72 FR 64859; amended December 26, 2007, at 72 FR 73179; amended December 28, 2007, at 72 FR 74087; amended January 2, 2008, at 73 FR 225; amended January 18, 2008, at 73 FR 3567; amended February 7, 2008, at 73 FR 7210; 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.
(e) No change.
(12) No change.
(13) Title 40, Code of Federal Regulations, Part 65, Consolidated Federal Air Rule. The following subparts of 40 CFR Part 65, revised as of July 1, 2001, or later as specifically indicated, are adopted and incorporated by reference.
(a) 40 CFR 65, Subpart A, General Provisions; amended April 20, 2006, at 71 FR 20445; amended August 27, 2007, at 72 FR 48938; amended December 28, 2007, at 72 FR 73625.
(b) through (g) No change.
(14) though (15) No change.
(16) Title 40, Code of Federal Regulations, Part 72, Permits Regulation.
(a) The following subparts of 40 CFR Part 72, revised as of July 1, 2005, or later as specifically indicated, are adopted and incorporated by reference:
1. 40 CFR 72, Subpart A, Acid Rain Program General Provisions; amended April 28, 2006, at 71 FR 25327; amended September 7, 2007, at 72 FR 51493; amended January 24, 2008, at 73 FR 4311.
2. through 9. No change.
(b) No change.
(17) through (18) No change.
(19) Title 40, Code of Federal Regulations, Part 75, Continuous Emission Monitoring.
(a) The following subparts of 40 CFR Part 75, revised as of July 1, 2005, or later as specifically indicated, are adopted and incorporated by reference:
1. 40 CFR 75, Subpart A, General; amended January 24, 2008, at 73 FR 4311.
2. 40 CFR 75, Subpart B, Monitoring Provisions; amended September 7, 2007, at 72 FR 51493; amended January 24, 2008, at 73 FR 4311.
3. 40 CFR 75, Subpart C, Operation and Maintenance Requirements; amended September 7, 2007, at 72 FR 51493; amended January 24, 2008, at 73 FR 4311.
4. 40 CFR 75, Subpart D, Missing Data Substitution Procedures; amended January 24, 2008, at 73 FR 4311.
5. No change.
6. 40 CFR 75, Subpart F, Recordkeeping Requirements; amended January 24, 2008, at 73 FR 4311.
7. 40 CFR 75, Subpart G, Reporting Requirements; amended January 24, 2008, at 73 FR 4311.
8. 40 CFR 75, Subpart H, NOx Mass Emissions Provisions; amended January 24, 2008, at 73 FR 4311.
9. 40 CFR 75, Subpart I, Hg Mass Emission Provisions; amended January 24, 2008, at 73 FR 4311.
(b) The following appendices of 40 CFR Part 75, revised as of July 1, 2005, or later as specifically indicated, are adopted and incorporated by reference:
1. Appendix A, Specifications and Test Procedures; amended January 24, 2008, at 73 FR 4311.
2. Appendix B, Quality Assurance and Quality Control Procedures; amended January 24, 2008, at 73 FR 4311.
3. No change.
4. Appendix D, Optional SO2 Emissions Data Protocol for Gas-Fired and Oil-Fired Units; amended January 24, 2008, at 73 FR 4311.
5. Appendix E, Optional NOx Emissions Estimation Protocol for Gas-Fired Peaking Units and Oil-Fired Peaking Units; amended January 24, 2008, at 73 FR 4311.
6. Appendix F, Conversion Procedures; amended January 24, 2008, at 73 FR 4311; amended February 13, 2008, at 73 FR 8408.
7. Appendix G, Determination of CO2 Emissions; amended January 24, 2008, at 73 FR 4311.
8. through 10. No change.
11. Appendix K, Quality Assurance and Operating Procedures for Sorbent Trap Monitoring Systems; amended January 24, 2008, at 73 FR 4311.
(20) 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, 5-31-07, 7-2-07, 10-1-07, 2-1-08, 7-1-08.