Approval and Promulgation of Implementation Plans; Florida Infrastructure Requirements for the 2008 Lead NAAQS, 57538-57540 [2015-24088]
Download as PDF
57538
Federal Register / Vol. 80, No. 185 / Thursday, September 24, 2015 / Rules and Regulations
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
• 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 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.
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, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 10, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart L—Georgia
2. Section 52.570(c) is amended by
revising the entry for ‘‘391–3–22’’ to
read as follows:
■
§ 52.570
*
Identification of plan.
*
*
(c) * * *
*
*
EPA APPROVED GEORGIA REGULATIONS
State citation
Title/subject
*
391–3–22 ......
State effective
date
*
Clean Fueled Fleets ....
*
*
*
*
*
BILLING CODE 6560–50–P
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
Environmental Protection
Agency (EPA).
ACTION: Final rule.
tkelley on DSK3SPTVN1PROD with RULES
AGENCY:
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
VerDate Sep<11>2014
16:28 Sep 23, 2015
Jkt 235001
Explanation
*
*
9/24/15 [Insert citation of publication].
*
*
Clean Fueled Fleets rules moved to the contingency measures portion of the SIP-approved
1997 8-hour ozone Maintenance Plan for the
Atlanta Area.
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.
*
5/11/14
[FR Doc. 2015–24094 Filed 9–23–15; 8:45 am]
SUMMARY:
EPA approval date
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
E:\FR\FM\24SER1.SGM
24SER1
Federal Register / Vol. 80, No. 185 / Thursday, September 24, 2015 / Rules and Regulations
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.
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 farngalo.zuri@
epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
tkelley on DSK3SPTVN1PROD with RULES
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.
VerDate Sep<11>2014
16:28 Sep 23, 2015
Jkt 235001
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
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
57539
• 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:
E:\FR\FM\24SER1.SGM
24SER1
57540
Federal Register / Vol. 80, No. 185 / Thursday, September 24, 2015 / Rules and Regulations
Authority: 42 U.S.C. 7401 et seq.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Subpart K—Florida
2. Section 52.520(e), is amended by
adding entry ‘‘110(a)(1) and (2)
Infrastructure Requirements for the 2008
■
1. The authority citation for part 52
continues to read as follows:
■
Lead National Ambient Air Quality
Standards’’ at the end of the table to
read as follows:
§ 52.520
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS
Provision
State effective
date
EPA approval
date
Federal Register notice
Explanation
*
*
110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead
National Ambient Air Quality
Standards.
*
10/14/2011
9/24/2015
*
*
[Insert citation of publication] .........
*
*
With the exception of provisions
pertaining to PSD permitting requirements
in
sections
110(a)(2)(C), prong 3 of D(i) and
(J).
approve South Carolina’s infrastructure
SIP submission, provided to EPA on
September 20, 2011.
BILLING CODE 6560–50–P
[EPA–R04–OAR–2012–0852; FRL– 9934–40–
Region 4]
Approval and Promulgation of
Implementation Plans; South Carolina;
Infrastructure Requirements for the
2008 Lead National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve the September 20, 2011, State
Implementation Plan (SIP) submission,
provided by the South Carolina
Department of Health and
Environmental Control (SC DHEC) for
inclusion into the South Carolina SIP.
This final action 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. SC DHEC certified
that the South Carolina SIP contains
provisions to ensure the 2008 Lead
NAAQS is implemented, enforced, and
maintained in South Carolina. With the
exception of provisions pertaining to
prevention of significant deterioration
(PSD) permitting which EPA has already
approved, EPA is taking final action to
SUMMARY:
tkelley on DSK3SPTVN1PROD with RULES
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2012–0852. 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.
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.
ADDRESSES:
40 CFR Part 52
16:28 Sep 23, 2015
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 June 8, 2015.
(80 FR 32324)
On June 8, 2015, EPA proposed to
approve portions of South Carolina’s
September 20, 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). See 80 FR 32324.
EPA did not receive any comments,
adverse or otherwise, on the June 8,
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. See 80 FR 14019.
DATES:
ENVIRONMENTAL PROTECTION
AGENCY
VerDate Sep<11>2014
electronic mail at farngalo.zuri@
epa.gov.
SUPPLEMENTARY INFORMATION:
This rule will be effective
October 26, 2015.
[FR Doc. 2015–24088 Filed 9–23–15; 8:45 am]
Jkt 235001
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
FOR FURTHER INFORMATION CONTACT:
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
II. This Action
In this rulemaking, EPA is taking final
action to approve the remaining
portions of South Carolina’s
infrastructure submission as
demonstrating that the State meets the
applicable requirements of sections
110(a)(1) and (2) of the CAA for the
E:\FR\FM\24SER1.SGM
24SER1
Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 farngalo.zuri@epa.gov.
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]
BILLING CODE 6560-50-P