[Federal Register Volume 83, Number 176 (Tuesday, September 11, 2018)]
[Rules and Regulations]
[Pages 45836-45838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19596]



[[Page 45836]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R04-OAR-2018-0182; FRL-9983-44-Region 4]


Air Plan Approval and Air Quality Designation; Florida: 
Redesignation of the Hillsborough County Lead Nonattainment Area to 
Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On March 26, 2018, the State of Florida, through the Florida 
Department of Environmental Protection, submitted a request for the 
Environmental Protection Agency (EPA) to redesignate the Hillsborough 
County lead Nonattainment Area (``Hillsborough Area'' or ``Area'') to 
attainment for the 2008 lead National Ambient Air Quality Standards 
(NAAQS) and to approve an accompanying State Implementation Plan (SIP) 
revision containing a maintenance plan for the Area. The Hillsborough 
Area is comprised of a 1.5 kilometer (km) radius in Tampa, Florida, 
surrounding the Envirofocus Technologies, LLC facility (Envirofocus). 
EPA is taking final action to determine that the Hillsborough Area is 
attaining the 2008 lead NAAQS; to approve the SIP revision containing 
the State's maintenance plan for maintaining attainment of the 2008 
lead standard and to incorporate the maintenance plan into the SIP; and 
to redesignate the Hillsborough Area to attainment for the 2008 lead 
NAAQS.

DATES: This rule is effective October 11, 2018.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2018-0182. All documents in the docket 
are listed on the www.regulations.gov website. Although listed in the 
index, some information may not be 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. 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: Andres Febres, 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. Mr. Febres can be reached by phone at (404) 562-8966 or via 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On November 12, 2008 (73 FR 66964), EPA promulgated a revised 
primary and secondary lead NAAQS of 0.15 micrograms per cubic meter 
([micro]g/m\3\). Under EPA's regulations at 40 CFR part 50, the 2008 
lead NAAQS are met when the maximum arithmetic 3-month mean 
concentration for a 3-year period, as determined in accordance with 
appendix R of 40 CFR part 50, is less than or equal to 0.15 [micro]g/
m\3\. See 40 CFR 50.16. Ambient air quality monitoring data for the 3-
year period must meet a data completeness requirement.
    EPA designated the Hillsborough Area as a nonattainment area for 
the 2008 lead NAAQS on November 22, 2010 (75 FR 71033), effective 
December 31, 2010, using 2007-2009 ambient air quality data. On March 
26, 2018, Florida submitted a request for EPA to redesignate the 
Hillsborough Area to attainment for the 2008 lead NAAQS and submitted 
an associated SIP revision containing a maintenance plan for the Area. 
In a notice of proposed rulemaking (NPRM), published June 19, 2018 (83 
FR 28402), EPA proposed to determine that the Hillsborough Area is 
attaining the 2008 lead NAAQS, based on complete, quality-assured, and 
certified ambient monitoring data for the 2014-2016 time period and 
continues to attain based on complete, quality-assured, and certified 
ambient monitoring data for the 2015-2017 time period; proposed to 
approve the SIP revision containing the State's maintenance plan for 
maintaining attainment of the 2008 lead standard; and proposed to 
redesignate the Hillsborough Area to attainment for the 2008 lead 
NAAQS.\1\ The details of Florida's SIP revision and redesignation 
request, as well as the rationale for EPA's actions, are further 
explained in the NPRM. Comments on the proposed rulemaking were due on 
or before July 19, 2018. EPA did not receive any adverse comments on 
the proposed actions.
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    \1\ As mentioned in the NPRM, at the time of Florida's 
redesignation request, 2014-2016 data was the most recent quality-
assured, complete, and certified data. When EPA took preliminary 
action to approve, 2015-2017 quality-assured, complete, and 
certified data was available, which continued to show that the Area 
is attaining the standard. In addition, preliminary 2018 data also 
indicates that the Area continues to attain the standard.
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II. What are the effects of these actions?

    Approval of Florida's redesignation request changes the legal 
designation of the portion of Hillsborough County, Florida, that is 
designated as nonattainment, found at 40 CFR 81.310, from nonattainment 
to attainment for the 2008 lead NAAQS. Approval of Florida's associated 
SIP revision also incorporates a plan into the SIP for maintaining the 
2008 lead NAAQS in the Hillsborough Area through 2029.

III. Final Action

    EPA is taking three separate but related final actions regarding 
Florida's March 26, 2018, redesignation request and associated SIP 
revision for the Hillsborough Area.
    First, EPA is determining that the Area attained the 2008 lead 
NAAQS based on complete, quality-assured, and certified ambient 
monitoring data for the 2014-2016 period and that the Area continues to 
attain the standard based on complete, quality-assured, and certified 
ambient monitoring data for the 2015-2017 period.
    Second, EPA is approving the maintenance plan for the Area and 
incorporating it into the Florida SIP. As described in the NPRM, the 
maintenance plan demonstrates that the Area will continue to maintain 
the 2008 lead NAAQS through 2029.
    Third, EPA is approving Florida's request for redesignation of the 
Area from nonattainment to attainment for the 2008 lead NAAQS. This 
final rule approves the redesignation request for the Hillsborough Area 
and changes the official designation of the portion of Hillsborough 
County, Florida, bounded by a 1.5 km radius centered at UTM coordinates 
364104 meters East, 3093830 meters North, Zone 17, which surrounds 
Envirofocus, as found at 40 CFR part 81, from nonattainment to 
attainment for the 2008 lead NAAQS.

IV. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the

[[Page 45837]]

accompanying approval of a maintenance plan under section 107(d)(3)(E) 
are actions that affect the status of a geographical area and do not 
impose any additional regulatory requirements on sources beyond those 
imposed by state law. A redesignation to attainment does not in and of 
itself create any new requirements, but rather results in the 
applicability of requirements contained in the CAA for areas that have 
been redesignated to attainment. Moreover, the Administrator is 
required to approve a SIP submission that complies with the provisions 
of the Act and applicable Federal regulations. See 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, these actions merely approve state law as meeting Federal 
requirements and do not impose additional requirements beyond those 
imposed by state law. For this reason, these actions:
     Are not significant regulatory actions 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);
     Are not Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory actions because SIP approvals and redesignations are 
exempted under Executive Order 12866;
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do 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);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not significant regulatory actions subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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 CAA; and
     Will not have disproportionate human health or 
environmental effects under Executive Order 12898 (59 FR 7629, February 
16, 1994).
    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 as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.
    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. These actions are 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 13, 2018. 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

40 CFR Part 52

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

40 CFR Part 81

    Environmental protection, Air pollution control.

    Dated: August 28, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.

    40 CFR parts 52 and 81 are amended as follows:

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 an entry for ``2008 Lead 
NAAQS Maintenance Plan for the Hillsborough Area'' 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       EPA approval     Federal Register
            Provision             effective date       date              notice                Explanation
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                                                  * * * * * * *
2008 Lead NAAQS Maintenance Plan       3/26/2018       9/11/2018  [Insert Federal       ........................
 for the Hillsborough Area.                                        Register citation].
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[[Page 45838]]

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

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

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

0
4. In Sec.  81.310, the table entitled ``Florida--2008 Lead NAAQS'' is 
amended under ``Tampa, FL'' by revising the entry for ``Hillsborough 
County (part)'' to read as follows:


Sec.  81.310  Florida.

* * * * *

                        Florida--2008 Lead NAAQS
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                                      Designation for the 2008 NAAQS a
         Designated area          --------------------------------------
                                        Date 1              Type
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Tampa, FL:
    Hillsborough County (part)...
        Area is located within a        9/11/2018   Attainment.
         1.5 km radius centered
         at UTM coordinates
         364104 meters E, 3093830
         meters N, Zone 17, which
         surrounds the
         EnviroFocus Technologies
         facility.
 
                              * * * * * * *
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a Includes Indian Country located in each county or area, except as
  otherwise specified.
\1\ December 31, 2011 unless otherwise noted.


[FR Doc. 2018-19596 Filed 9-10-18; 8:45 am]
 BILLING CODE 6560-50-P