62-204.800: Federal Regulations Adopted by Reference
PURPOSE, EFFECT AND SUMMARY: The proposed rule amendments update, through June 30, 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, 51, 52, 58, 60 and 63.
SPECIFIC AUTHORITY: 403.8055 FS.
LAW IMPLEMENTED: 403.061, 403.087, 403.8055 FS.
THIS RULEMAKING IS UNDERTAKEN PURSUANT TO SECTION
120.54(6), F.S. WRITTEN COMMENTS MAY BE SUBMITTED WITHIN 14 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) 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; amended May 22, 2007, at 72 FR 28612; and Section 50.15 promulgated, March 27, 2008, at 73 FR 16435, are adopted and incorporated by reference.
(b) The following appendices of 40 CFR Part 50, revised as of July 1, 2006, or later as specifically indicated, are adopted and incorporated by reference:
1. through 14. No change.
15. 40 CFR 50, Appendix P, Interpretation of the Primary and Secondary National Ambient Air Quality Standards for Ozone, promulgated March 27, 2008, at 73 FR 16435.
(2) Title 40, Code of Federal Regulations, Part 51, Requirements for Preparation, Adoption, and Submittal of Implementation Plans.
(a) No change.
(b) The following appendices of 40 CFR Part 51, revised as of July 1, 2006, or later as specifically indicated, are adopted and incorporated by reference:
1. 40 CFR 51, Appendix M, Recommended Test Methods for State Implementation Plans; amended September 21, 2006, at 71 FR 55119; amended May 29, 2008, at 73 FR 30775.
2. through 4. No change.
(3) Title 40, Code of Federal Regulations, Part 52, Approval and Promulgation of Implementation Plans. The following subparts of 40 CFR Part 52, revised as of July 1, 2003, or later as specifically indicated, are adopted and incorporated by reference:
(a) No change.
(b) 40 CFR Part 52, Subpart K, Florida, amended July 22, 2003, at 68 FR 43312; amended August 11, 2003, at 68 FR 47468; amended February 13, 2004, at 69 FR 7127; amended March 29, 2004, at 69 FR 16167; amended June 17, 2004, at 69 FR 33860; amended April 28, 2006, at 71 FR 25327; amended November 28, 2006, at 71 FR 68743; amended October 12, 2007, at 72 FR 58016; amended April 28, 2008, at 73 FR 22818.
(4) through (5) No change.
(6) Title 40, Code of Federal Regulations, Part 58, Ambient Air Quality Surveillance.
(a) No change.
(b) The following appendices of 40 CFR Part 58, revised as of July 1, 2006, or later as specifically indicated, are adopted and incorporated by reference:
1. through 4. No change.
5. 40 CFR 58, Appendix G, Uniform Air Quality Index (AQI) and Daily Reporting; amended March 27, 2008, at 73 FR 16435.
(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; amended June 2, 2008, at 73 FR 31372; 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; amended June 2, 2008, at 73 FR 31372; except that the Secretary is not the Administrator for purposes of 40 CFR 60.484a.
53. through 57. No change.
58. 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; amended June 2, 2008, at 73 FR 31372.
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; amended June 2, 2008, at 73 FR 31372; except that the Secretary is not the Administrator for purposes of 40 CFR 60.592a(c).
60. through 79. No change.
80. 40 CFR 60, Subpart KKKK, Standards for Stationary Combustion Turbines; promulgated July 6, 2006, at 71 FR 38481.
(c) through (d) No change.
(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 May 22, 2008, at 73 FR 29691.
3. No change.
4. 40 CFR 60, Appendix A-4, Test Methods 6 through 10B; amended May 15, 2006, at 71 FR 28081; amended May 22, 2008, at 73 FR 29691.
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 May 22, 2008, at 73 FR 29691.
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 6. No change.
7. 40 CFR 63, Subpart M, Perchloroethylene Dry Cleaning Facilities; amended June 23, 2003, at 68 FR 37333; amended July 27, 2006, at 71 FR 42723; amended September 21, 2006, at 71 FR 55280; amended April 1, 2008, at 73 FR 17252; except that the Secretary is not the Administrator for purposes of 40 CFR 63.326(c)(1) through (4).
8. through 42. No change.
43. 40 CFR 63, Subpart EEE, Hazardous Waste Combustors; amended July 3, 2001, at 66 FR 35087; amended October 15, 2001, at 66 FR 52361; amended December 6, 2001, at 66 FR 63313; amended February 13, 2002, at 67 FR 6791; amended February 14, 2002, at 67 FR 6967; amended December 19, 2002, at 67 FR 77687; amended June 23, 2003, at 68 FR 37333; amended October 12, 2005, at 70 FR 59401; amended December 19, 2005, at 70 FR 75042; amended April 20, 2006, at 71 FR 20445; amended October 25, 2006, at 71 FR 62388; amended April 8, 2008, at 73 FR 18970; except that the Secretary is not the Administrator for purposes of 40 CFR 63.1214(c)(1) through (4).
44. through 61. No change.
62. 40 CFR 63, Subpart EEEE, Organic Liquids Distribution (Non-Gasoline); promulgated February 3, 2004, at 69 FR 5038; amended April 20, 2006, at 71 FR 20445; amended July 28, 2006, at 71 FR 42897; amended April 23, 2008, at 73 FR 21825; except that the Secretary is not the Administrator for purposes of 40 CFR 63.2402(b)(1) through (4).
63. through 116. No change.
(c) through (e) No change.
(12) 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, 10-1-08.