[Federal Register Volume 83, Number 154 (Thursday, August 9, 2018)]
[Rules and Regulations]
[Pages 39369-39373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17080]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-HQ-OAR-2012-0918; FRL-9981-95-OAR]


Air Quality Designations for the 2012 Primary Annual Fine 
Particle (PM2.5) National Ambient Air Quality Standard (NAAQS) for 
Areas in Florida

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is establishing 
initial air quality designations for the 2012 primary annual fine 
particle (PM2.5) National Ambient Air Quality Standard 
(NAAQS) for the remaining undesignated areas in the state of Florida. 
When the EPA designated the majority of areas in the country for this 
NAAQS in December 2014 and March 2015, the EPA deferred initial area 
designations for certain areas, including all of the Florida, because 
the EPA could not determine using available data whether the areas were 
meeting or not meeting the NAAQS. In August 2016, the EPA designated 
most of the state of Florida (62 of 67 counties). Following the August 
2016 designation action, two areas (five counties) in Florida remained 
undesignated. The EPA could not determine at that time whether the 
areas were meeting or not meeting the NAAQS. Florida has now submitted 
complete, quality-assured, and certified air quality monitoring data 
for the period 2015-2017 for the areas identified in this action. Based 
on these data, the EPA is designating the remaining five counties as 
unclassifiable/attainment for the 2012 primary annual PM2.5 
NAAQS.

DATES: This final rule is effective on September 10, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-HQ-OAR-2012-0918. All documents in the docket are 
listed in the index at http://www.regulations.gov. 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 in the docket or in hard copy at the 
EPA Docket Center, William Jefferson Clinton West Building, Room 3334, 
1301 Constitution Avenue NW, Washington, DC. The Public Reading Room is 
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays. The telephone number for the Public Reading Room is 
(202) 566-1744 and the telephone number for the Air Docket is (202) 
566-1742.
    In addition, the EPA has established a website for the rulemakings 
to initially designate areas for the 2012 primary annual 
PM2.5 NAAQS at: https://www.epa.gov/particle-pollution-designations. This website includes the EPA's final PM2.5 
designations actions, as well as state and tribal initial 
recommendation letters, the EPA's modification letters, technical 
support documents, responses to comments and other related technical 
information.

FOR FURTHER INFORMATION CONTACT: For general questions concerning this 
action, please contact: Carla Oldham, U.S. EPA, Office of Air Quality 
Planning and Standards, Air Quality Policy Division, C539-04, Research 
Triangle Park, NC 27711, telephone (919) 541-3347, email at 
[email protected]. The Region 4 contact is Madolyn Sanchez, U.S. 
EPA, Air Regulatory Management Section, Air Planning and Implementation 
Branch, Air, Pesticides and Toxics Management Division, 61 Forsyth 
Street SW, Atlanta, Georgia 30303-8960, telephone (404) 562-9644, email 
at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On December 14, 2012, the EPA promulgated a revised primary annual 
PM2.5 NAAQS to provide increased protection of public health 
from fine particle pollution (78 FR 3086; January 15, 2013). In that 
action, the EPA strengthened the primary annual PM2.5 
standard from 15.0 micrograms per cubic meter ([mu]g/m\3\) to 12.0 
[mu]g/m\3\, which is attained when the 3-year average of the annual 
arithmetic means does not exceed 12.0 [mu]g/m\3\. Section 107(d) of the 
Clean Air Act (CAA), 42 U.S.C. 7407(d), governs the process for initial 
area designations after the EPA establishes a new or revised NAAQS. 
Under CAA section 107(d), each governor is required to, and each tribal 
leader may, if they so choose, recommend air quality designations to 
the EPA by a date that cannot be later than 1 year after the 
promulgation of a new or revised NAAQS. The EPA considers these 
recommendations as part of its duty to promulgate the area designations 
and boundaries for the new or revised NAAQS. If, after careful 
consideration of these recommendations, the EPA believes that it is 
necessary to modify a state's recommendation and intends to promulgate 
a designation different from a state's recommendation, the EPA must 
notify the state at least 120 days prior to promulgating the final 
designation and the EPA must provide the state an opportunity to 
demonstrate why any proposed modification is inappropriate. These 
modifications may relate either to an area's designation or to its 
boundaries.
    On December 18, 2014, the Administrator of the EPA signed a final 
action promulgating initial designations for the 2012 PM2.5 
NAAQS for the majority of the United States, including areas of Indian 
country (80 FR 2206 FR; January 15, 2015). In that action, the EPA also 
deferred initial area designations for certain areas where available 
data, including air quality monitoring data, were insufficient to 
determine whether the area met or did not meet the NAAQS, but where 
forthcoming data were likely to result in complete and valid air 
quality data sufficient to determine whether these areas meet the 
NAAQS. Accordingly, the EPA stated that it would use the additional 
time available as provided under section 107(d)(1)(B) of the CAA to 
assess relevant information and subsequently promulgate initial 
designations for the identified areas through a separate rulemaking 
action or actions. The deferred areas included the entire state of 
Tennessee, except three counties in the Chattanooga area; several areas 
in the state of Georgia, including two neighboring counties in

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the bordering states of Alabama and South Carolina; the entire state of 
Florida; and areas of Indian country located in these areas.
    In separate actions published on April 15, 2015 (80 FR 18535), 
September 6, 2016 (81 FR 61136), and May 19, 2017 (82 FR 22888), the 
EPA promulgated designations of unclassifiable/attainment for all 
remaining deferred areas in the state of Georgia (including two 
neighboring counties in the bordering states of Alabama and South 
Carolina), all of the remaining deferred areas in the state of 
Tennessee, and 62 counties in the state of Florida, including areas of 
Indian country located in those areas.

II. Purpose and Designation Decisions Based on 2015-2017 Data

    The purpose of this action is to announce and promulgate initial 
area designations of unclassifiable/attainment for the 2012 
PM2.5 NAAQS for the remaining five undesignated counties in 
the state of Florida. The counties are: Alachua County, Broward County, 
Gilchrist County, Miami-Dade County, and Palm Beach County. Alachua and 
Gilchrist Counties make up the Gainesville, FL Core Based Statistical 
Area (CBSA). Broward, Miami-Dade, and Palm Beach Counties make up the 
Miami-Fort Lauderdale-West Palm Beach Counties CBSA. The EPA initially 
deferred designating these counties in the EPA's January 15, 2015, 
rulemaking.\1\ Since then, the state of Florida has submitted to the 
EPA complete, quality-assured, and certified air quality monitoring 
data from 2015-2017 for the two CBSAs.\2\ The air quality data indicate 
that the CBSAs are attaining the 2012 PM2.5 NAAQS. In 
addition, because there are no nearby violating areas, the counties in 
these CBSAs are not causing or contributing to a violation of the 2012 
PM2.5 NAAQS in a nearby area. Therefore, the EPA is 
designating the remaining five undesignated counties in these CBSAs as 
unclassifiable/attainment. These designations are consistent with 
Florida's recommended area designations and boundaries for these areas 
for the 2012 PM2.5 NAAQS. The table at the end of this final 
rule (amendments to 40 CFR 81.310--Florida) lists all areas for which 
the EPA has promulgated an initial designation in Florida. Areas of 
Indian country located in the listed areas are included in the 
designated areas.
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    \1\ See also the technical support document for the deferred 
Florida areas in the rulemaking docket, documents numbered EPA-HQ-
OAR-2012-0918-0323 and EPA-HQ-2012-0918-0332.
    \2\ Monitoring requirements are in accordance with 40 CFR part 
58. Design values are calculated in accordance with 40 CFR part 50, 
Appendix N.
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III. Environmental Justice Considerations

    When the EPA establishes a new or revised NAAQS, the CAA requires 
the EPA to designate all areas of the U.S. as either nonattainment, 
attainment, or unclassifiable. The EPA provided a meaningful 
opportunity for members of the public to participate in the development 
of the 2012 primary annual PM2.5 NAAQS that underlies the 
present action, including conducting an outreach and information call 
with environmental justice organizations on August 9, 2012.
    As part of the process of reviewing the PM air quality criteria and 
revising the primary annual PM2.5 NAAQS, the EPA identified 
persons from lower socioeconomic strata as an at-risk population for 
PM-related health effects. As a result, the EPA carefully evaluated the 
potential impacts on low-income and minority populations. Based on this 
evaluation and consideration of public comments, the EPA eliminated 
spatial averaging provisions as part of the form of the primary annual 
PM2.5 NAAQS in order to avoid potential disproportionate 
impacts on at-risk populations, including populations from lower 
socioeconomic strata. See 78 FR at 3267 (January 15, 2013).
    This final action addresses designation determinations for certain 
areas in Florida for the 2012 primary annual PM2.5 NAAQS. 
The CAA requires the EPA to determine through a designation process 
whether an area meets or does not meet any new or revised national 
primary or secondary NAAQS. The promulgation of area designations 
facilitates public understanding and awareness of the air quality in an 
area. For this action, the complete and valid monitoring data from 
Florida indicate that all the areas at issue in this action are meeting 
the 2012 primary annual PM2.5 NAAQS. Furthermore, no area 
affected by this action is contributing to a violation of the 2012 
primary annual PM2.5 NAAQS in a nearby area.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is exempt from review by the Office of Management and 
Budget because it responds to the CAA requirement to promulgate air 
quality designations after promulgation of a new or revised NAAQS.

B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is not an Executive Order 13771 regulatory action 
because actions such as air quality designations after promulgating a 
new revised NAAQS are exempt from review under Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA. This action fulfills the non-discretionary duty for the EPA to 
promulgate air quality designations after promulgation of a new or 
revised NAAQS and does not contain any information collection 
activities.

D. Regulatory Flexibility Act (RFA)

    This designation action under CAA 107(d) is not subject to the RFA. 
The RFA applies only to rules subject to notice and comment rulemaking 
requirements under the Administrative Procedure Act (APA), 5 U.S.C. 
553, or any other statute. Section 107(d)(2)(B) of the CAA explicitly 
provides that designations are exempt from the notice and comment 
provisions of the APA. In addition, designations under CAA section 
107(d) are not among the list of actions that are subject to the notice 
and comment procedures of CAA section 307(d).

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538 and does not significantly or uniquely affect 
small governments. The action implements mandates specifically and 
explicitly set forth in the CAA for the 2012 primary annual 
PM2.5 NAAQS (40 CFR 50.18). The CAA establishes the process 
whereby states take primary responsibility for developing plans to meet 
the 2012 primary annual PM2.5 NAAQS.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

[[Page 39371]]

G. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications. It will neither 
impose substantial direct compliance costs on federally recognized 
tribal governments, nor preempt tribal law. The CAA provides for states 
and eligible tribes to develop plans to regulate emissions of air 
pollutants within their areas, as necessary, based on the designations. 
The TAR provides tribes the opportunity to apply for eligibility to 
develop and implement CAA programs, such as programs to attain and 
maintain the PM2.5 NAAQS, but it leaves to the discretion of 
the tribe the decision of whether to apply to develop these programs 
and which programs, or appropriate elements of a program, the tribe 
will seek to adopt. This rule does not have a substantial direct effect 
on one or more Indian tribes.

H. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    The EPA interprets Executive Order 13045 as applying to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not establish an environmental 
standard intended to mitigate health or safety risks.

I. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

K. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action does not have disproportionately 
high and adverse human health of environmental effects on minority 
populations, low-income populations and/or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The 
documentation for this determination is contained in Section III of 
this preamble, ``Environmental Justice Considerations.''

L. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the U.S. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

M. Judicial Review

    Section 307 (b)(1) of the CAA indicates which Federal Courts of 
Appeal have venue for petitions of review of final actions by the EPA. 
This section provides, in part, that petitions for review must be filed 
in the Court of Appeals for the District of Columbia Circuit: (i) When 
the agency action consists of ``nationally applicable regulations 
promulgated, or final actions taken by the Administrator,'' or (ii) 
when such action is locally or regionally applicable, if ``such action 
is based on a determination of nationwide scope or effect and if in 
taking such action the Administrator finds and publishes that such 
action is based on such a determination.''
    This final action, in conjunction with the previous final actions 
designating areas across the U.S. for the 2012 primary annual 
PM2.5 NAAQS, is ``nationally applicable'' within the meaning 
of section 307(b)(1). At the core of this final action is the EPA's 
interpretations of the definitions of nonattainment, attainment and 
unclassifiable under section 107(d)(1) of the CAA, and its application 
of those interpretations to areas across the country. For the same 
reasons, the Administrator is also determining that the final 
designations are of nationwide scope and effect for the purposes of 
section 307(b)(1) of the CAA. This is particularly appropriate because, 
in the report on the 1977 Amendments that revised section 307(b)(1) of 
the CAA, Congress noted that the Administrator's determination that an 
action is of ``nationwide scope or effect'' would be appropriate for 
any action that has a scope or effect beyond a single judicial circuit. 
H.R. Rep. No. 95-294 at 323, 324, reprinted in 1977 U.S.C.C.A.N. 1402-
03. Here, the scope and effect of this final action extends to numerous 
judicial circuits since the designations apply to areas across the 
country. In these circumstances, section 307(b)(1) and its legislative 
history calls for the Administrator to find the action to be of 
``nationwide scope or effect'' and for venue to be in the D.C. Circuit.
    Thus, any petitions for review of final designations must be filed 
in the Court of Appeals for the District of Columbia Circuit within 60 
days from the date final action is published in the Federal Register.

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: July 31, 2018.
Andrew R. Wheeler,
Acting Administrator.

    For the reasons set forth in the preamble, 40 CFR part 81 is 
amended as follows:

PART 81--DESIGNATIONS OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
1. The authority citation for part 81 continues to read as follows:

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

Subpart C--Section 107 Attainment Status Designations

0
2. Section 81.310 is amended by revising the table titled, ``Florida--
2012 Annual PM2.5 NAAQS (Primary)'' to read as follows:


Sec.  81.310   Florida.

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                                                            Florida--2012 Annual PM2.5 NAAQS
                                                                        [Primary]
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                                                         Designation                                                Classification
      Designated area \1\       ------------------------------------------------------------------------------------------------------------------------
                                    Date \2\                         Type                        Date \2\                        Type
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Statewide:
    Alachua County.............       9/10/2018  Unclassifiable/Attainment..................
    Baker County...............  ..............  Unclassifiable/Attainment..................

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    Bay County.................  ..............  Unclassifiable/Attainment..................
    Bradford County............  ..............  Unclassifiable/Attainment..................
    Brevard County.............  ..............  Unclassifiable/Attainment..................
    Broward County.............       9/10/2018  Unclassifiable/Attainment..................
    Calhoun County.............  ..............  Unclassifiable/Attainment..................
    Charlotte County...........  ..............  Unclassifiable/Attainment..................
    Citrus County..............  ..............  Unclassifiable/Attainment..................
    Clay County................  ..............  Unclassifiable/Attainment..................
    Collier County.............  ..............  Unclassifiable/Attainment..................
    Columbia County............  ..............  Unclassifiable/Attainment..................
    DeSoto County..............  ..............  Unclassifiable/Attainment..................
    Dixie County...............  ..............  Unclassifiable/Attainment..................
    Duval County...............  ..............  Unclassifiable/Attainment..................
    Escambia County............  ..............  Unclassifiable/Attainment..................
    Flagler County.............  ..............  Unclassifiable/Attainment..................
    Franklin County............  ..............  Unclassifiable/Attainment..................
    Gadsden County.............  ..............  Unclassifiable/Attainment..................
    Gilchrist County...........       9/10/2018  Unclassifiable/Attainment..................
    Glades County..............  ..............  Unclassifiable/Attainment..................
    Gulf County................  ..............  Unclassifiable/Attainment..................
    Hamilton County............  ..............  Unclassifiable/Attainment..................
    Hardee County..............  ..............  Unclassifiable/Attainment..................
    Hendry County..............  ..............  Unclassifiable/Attainment..................
    Hernando County............  ..............  Unclassifiable/Attainment..................
    Highlands County...........  ..............  Unclassifiable/Attainment..................
    Hillsborough County........  ..............  Unclassifiable/Attainment..................
    Holmes County..............  ..............  Unclassifiable/Attainment..................
    Indian River County........  ..............  Unclassifiable/Attainment..................
    Jackson County.............  ..............  Unclassifiable/Attainment..................
    Jefferson County...........  ..............  Unclassifiable/Attainment..................
    Lafayette County...........  ..............  Unclassifiable/Attainment..................
    Lake County................  ..............  Unclassifiable/Attainment..................
    Lee County.................  ..............  Unclassifiable/Attainment..................
    Leon County................  ..............  Unclassifiable/Attainment..................
    Levy County................  ..............  Unclassifiable/Attainment..................
    Liberty County.............  ..............  Unclassifiable/Attainment..................
    Madison County.............  ..............  Unclassifiable/Attainment..................
    Manatee County.............  ..............  Unclassifiable/Attainment..................
    Marion County..............  ..............  Unclassifiable/Attainment..................
    Martin County..............  ..............  Unclassifiable/Attainment..................
    Miami-Dade County..........       9/10/2018  Unclassifiable/Attainment..................
    Monroe County..............  ..............  Unclassifiable/Attainment..................
    Nassau County..............  ..............  Unclassifiable/Attainment..................
    Okaloosa County............  ..............  Unclassifiable/Attainment..................
    Okeechobee County..........  ..............  Unclassifiable/Attainment..................
    Orange County..............  ..............  Unclassifiable/Attainment..................
    Osceola County.............  ..............  Unclassifiable/Attainment..................
    Palm Beach County..........       9/10/2018  Unclassifiable/Attainment..................
    Pasco County...............  ..............  Unclassifiable/Attainment..................
    Pinellas County............  ..............  Unclassifiable/Attainment..................
    Polk County................  ..............  Unclassifiable/Attainment..................
    Putnam County..............  ..............  Unclassifiable/Attainment..................
    St. Johns County...........  ..............  Unclassifiable/Attainment..................
    St. Lucie County...........  ..............  Unclassifiable/Attainment..................
    Santa Rosa County..........  ..............  Unclassifiable/Attainment..................
    Sarasota County............  ..............  Unclassifiable/Attainment..................
    Seminole County............  ..............  Unclassifiable/Attainment..................
    Sumter County..............  ..............  Unclassifiable/Attainment..................
    Suwanee County.............  ..............  Unclassifiable/Attainment..................
    Taylor County..............  ..............  Unclassifiable/Attainment..................
    Union County...............  ..............  Unclassifiable/Attainment..................
    Volusia County.............  ..............  Unclassifiable/Attainment..................
    Wakulla County.............  ..............  Unclassifiable/Attainment..................
    Walton County..............  ..............  Unclassifiable/Attainment..................
    Washington County..........  ..............  Unclassifiable/Attainment..................
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\1\ Includes areas of Indian country located in each county or area, except as otherwise specified.
\2\ This date is October 6, 2016, unless otherwise noted.


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[FR Doc. 2018-17080 Filed 8-8-18; 8:45 am]
 BILLING CODE 6560-50-P