[Federal Register Volume 80, Number 185 (Thursday, September 24, 2015)]
[Rules and Regulations]
[Pages 57538-57540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24088]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2013-0040; FRL-9934-41-Region 4]


Approval and Promulgation of Implementation Plans; Florida 
Infrastructure Requirements for the 2008 Lead NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve portions of the October 14, 2011, State 
Implementation Plan (SIP) submission, provided by the State of Florida, 
through the Department of Environmental Protection (FL DEP) for 
inclusion into the Florida SIP. This final submission pertains to the 
Clean Air Act (CAA or the Act) infrastructure requirements for the 2008 
Lead national ambient air quality standards (NAAQS). The CAA requires 
that each state adopt and submit a SIP for the implementation, 
maintenance, and enforcement of each NAAQS promulgated by EPA, which is 
commonly referred to as an ``infrastructure'' SIP. FL DEP certified 
that the Florida SIP contains provisions that ensure the 2008 Lead 
NAAQS is implemented, enforced, and maintained in Florida. With the 
exception of provisions pertaining to prevention of significant 
deterioration (PSD) permitting which EPA has already approved, EPA is 
taking final action to approve Florida's infrastructure submission, 
provided to EPA on October 14, 2011, as satisfying the required 
infrastructure elements for the 2008 Lead NAAQS.

DATES: This rule will be effective October 26, 2015

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2013-0040. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information is not publicly available, i.e., Confidential 
Business Information or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Air Regulatory Management Section, Air Planning and 
Implementation Branch, Air, Pesticides and Toxics Management Division, 
U.S.

[[Page 57539]]

Environmental Protection Agency, Region 4, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Zuri Farngalo, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. The telephone number is (404) 562-9152. Mr. Farngalo can be 
reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Upon promulgation of a new or revised NAAQS, sections 110(a)(1) and 
(2) of the CAA require states to address basic SIP requirements, 
including emissions inventories, monitoring, and modeling to assure 
attainment and maintenance for that new NAAQS. Section 110(a) of the 
CAA generally requires states to make a SIP submission to meet 
applicable requirements in order to provide for the implementation, 
maintenance, and enforcement of a new or revised NAAQS within three 
years following the promulgation of such NAAQS, or within such shorter 
period as EPA may prescribe. For additional information on the 
infrastructure SIP requirements, see the proposed rulemaking published 
on May 22, 2015 (80 FR 29592).
    On May 22, 2015, EPA proposed to approve portions of Florida's 
October 14, 2011, 2008 Lead NAAQS infrastructure SIP submission with 
the exception of provisions pertaining to PSD permitting in sections 
110(a)(2)(C), prong 3 of D(i) and (J). EPA did not receive any 
comments, adverse or otherwise, on the May 22, 2015, proposed rule. EPA 
took final action to approve the PSD permitting requirements in 
sections 110(a)(2)(C), prong 3 of D(i) and (J) on March 18, 2015 (80 FR 
14019). EPA is taking final action to approve the remaining portions of 
Florida's infrastructure submission as demonstrating that the State 
meets the applicable requirements of sections 110(a)(1) and (2) of the 
CAA for the 2008 Lead NAAQS.

II. Final Action

    With the exception of provisions pertaining to PSD permitting 
requirements, EPA is taking final action to approve Florida's October 
14, 2011, infrastructure submission because it addresses the required 
infrastructure elements for the 2008 Lead NAAQS. FL DEP has addressed 
the elements of the CAA 110(a)(1) and (2) SIP requirements pursuant to 
section 110 of the CAA to ensure that the 2008 Lead NAAQS is 
implemented, enforced, and maintained in Florida.

III. 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. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this 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. 104-4);
     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 12(d) 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 Clean Air Act; 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).
    In addition, 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 and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 23, 2015. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Lead, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: September 10, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

[[Page 57540]]

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart K--Florida

0
2. Section 52.520(e), is amended by adding entry ``110(a)(1) and (2) 
Infrastructure Requirements for the 2008 Lead National Ambient Air 
Quality Standards'' at the end of the table to read as follows:


Sec.  52.520  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Florida Non-Regulatory Provisions
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                                    State effective    EPA approval     Federal Register
             Provision                    date             date              notice              Explanation
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                                                  * * * * * * *
110(a)(1) and (2) Infrastructure        10/14/2011        9/24/2015   [Insert citation of   With the exception
 Requirements for the 2008 Lead                                        publication].         of provisions
 National Ambient Air Quality                                                                pertaining to PSD
 Standards.                                                                                  permitting
                                                                                             requirements in
                                                                                             sections
                                                                                             110(a)(2)(C), prong
                                                                                             3 of D(i) and (J).
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[FR Doc. 2015-24088 Filed 9-23-15; 8:45 am]
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