62-204.800: Federal Regulations Adopted by Reference
PURPOSE, EFFECT AND SUMMARY: The proposed rule amendments update, through October 31, 2007, the departments adoption-by-reference of air pollution regulations promulgated by the U.S. Environmental Protection Agency (EPA) at 40 CFR Parts 51, 52, 60, 63, 65, 72, 75 and 96.
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) No change.
(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, 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; amended July 16, 2007, at 72 FR 38787.
2. through 5. No change.
(b) 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) 40 CFR Part 52, Subpart A, General Provisions; amended June 13, 2007, at 72 FR 32526; amended July 16, 2007, at 72 FR 38787.
(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.
(4) through (7) No change.
(8) Title 40, Code of Federal Regulations, Part 60, Standards of Performance for New Stationary Sources.
(a) 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 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. 40 CFR 60, Appendix A-8, Test Methods 26 through 30B 29; amended September 7, 2007, at 72 FR 51493.
9. through 12. No change.
(9) Title 40, Code of Federal Regulations, Part 60, Emission Guidelines and Compliance Times.
(a) through (g) No change.
(h) Coal-Fired Electric Steam Generating Units. 40 CFR 60, Subpart HHHH, Emission Guidelines and Compliance Times for Coal-Fired Electric Steam Generating Units, revised as of July 1, 2005, amended June 9, 2006, at 71 FR 33388; amended October 19, 2007, at 72 FR 59190, is hereby adopted and incorporated by reference, subject to the provisions set forth at Rule 62-296.480, F.A.C.
(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 60. No change.
61. 40 CFR 63, Subpart DDDD, Plywood and Composite Wood Products; promulgated July 30, 2004, at 69 FR 45943; amended February 16, 2006, at 71 FR 8341; amended April 20, 2006, at 71 FR 20445; amended October 29, 2007, at 72 FR 61060; except that the Secretary is not the Administrator for purposes of 40 CFR 63.2291(c)(1) through (5).
62. through 102 No change.
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; amended July 3, 2007, at 72 FR 36363; 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; amended July 3, 2007, at 72 FR 36363; except that the Secretary is not the Administrator for purposes of 40 CFR 63.11159(c)(1) through (4).
105. No change.
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; except that the Secretary is not the Administrator for purposes of 40 CFR 63.11399(b)(1) through (4).
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; except that the Secretary is not the Administrator for purposes of 40 CFR 63.11406(b)(1) through (4).
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; except that the Secretary is not the Administrator for purposes of 40 CFR 63.11413(b)(1) through (4).
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; except that the Secretary is not the Administrator for purposes of 40 CFR 63.11420(b)(1) through (4).
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; except that the Secretary is not the Administrator for purposes of 40 CFR 63.11427(b)(1) through(4).
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; except that the Secretary is not the Administrator for purposes of 40 CFR 63.11434(b)(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; 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) 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.
(b) through (g) No change.
(14) thorugh (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.
2. 40 CFR 72, Subpart B, Designated Representative; amended April 28, 2006, at 71 FR 25327; amended October 19, 2007, at 72 FR 59190.
3. through 9. No change.
(b) No change.
(17) though (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. No change.
2. 40 CFR 75, Subpart B, Monitoring Provisions; amended September 7, 2007, at 72 FR 51493.
3. 40 CFR 75, Subpart C, Operation and Maintenance Requirements; amended September 7, 2007, at 72 FR 51493.
4. through 9. No change.
(b) No change.
(20) through (25) No change.
(26) Title 40, Code of Federal Regulations, Part 96, NOx Budget Trading Program and CAIR NOx and SO2 Trading Programs for State Implementation Plans. The following subparts of 40 CFR Part 96, revised as of July 1, 2005, or later as specifically indicated, are adopted and incorporated by reference.
(a) Subpart AA, CAIR NOx Annual Trading Program General Provisions; amended April 28, 2006, at 71 FR 25327; amended December 13, 2006, at 71 FR 74792; amended October 19, 2007, at 72 FR 59190.
(b) through (g) No change.
(h) Subpart AAA, CAIR SO2 Trading Program General Provisions; amended April 28, 2006, at 71 FR 25327; amended December 13, 2006, at 71 FR 74792; amended October 19, 2007, at 72 FR 59190.
(i) through (m) No change.
(n) Subpart AAAA, CAIR NOx Ozone Season Trading Program General Provisions; amended April 28, 2006, at 71 FR 25327; amended December 13, 2006, at 71 FR 74792; amended October 19, 2007, at 72 FR 59190.
(o) through (t) No change.
Specific Authority 403.061, 403.8055 FS. Law Implemented 403.031, 403.061, 403.087, 403.8055 FS. HistoryNew 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, 2-1-07.
