Air Plan Approval and Air Quality Designation; Florida: Redesignation of the Hillsborough County Lead Nonattainment Area to Attainment, 45836-45838 [2018-19596]
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45836
Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Rules and Regulations
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
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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,
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SUMMARY:
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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 febresmartinez.andres@epa.gov.
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 (mg/m3).
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 mg/m3. 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
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
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Sfmt 4700
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.
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
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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45837
Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Rules and Regulations
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
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42. U.S.C. 7401 et seq.
Subpart K—Florida
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:
■
§ 52.520
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS
State effective
date
Provision
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*
*
*
*
2008 Lead NAAQS Maintenance Plan for the Hillsborough Area .................
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EPA approval
date
*
3/26/2018
9/11/2018
E:\FR\FM\11SER1.SGM
Federal Register notice
*
[Insert Federal Register citation].
11SER1
Explanation
*
45838
Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Rules and Regulations
Authority: 42 U.S.C. 7401 et seq.
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
revising the entry for ‘‘Hillsborough
County (part)’’ to read as follows:
4. In § 81.310, the table entitled
‘‘Florida—2008 Lead NAAQS’’ is
amended under ‘‘Tampa, FL’’ by
■
3. The authority citation for part 81
continues to read as follows:
■
§ 81.310
*
*
Florida.
*
*
*
FLORIDA—2008 LEAD NAAQS
Designation for the 2008
NAAQS a
Designated area
Date 1
Tampa, FL:
Hillsborough County (part).
Area is located within a 1.5 km radius centered at UTM coordinates 364104 meters E, 3093830 meters
N, Zone 17, which surrounds the EnviroFocus Technologies facility.
*
a Includes
*
*
*
*
9/11/2018
*
Type
Attainment.
*
Indian Country located in each county or area, except as otherwise specified.
31, 2011 unless otherwise noted.
1 December
[FR Doc. 2018–19596 Filed 9–10–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2018–0263; FRL–9982–72]
2-Propenoic Acid, 2-methyl-, 2oxiranylmethyl ester, polymer With
butyl 2-propenoate, ethenylbenzene
and 2-ethylhexyl 2-propenoate;
Tolerance Exemption
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes an
exemption from the requirement of a
tolerance for residues of 2-propenoic
acid, 2-methyl-, 2-oxiranylmethyl ester,
polymer with butyl 2-propenoate,
ethenylbenzene and 2-ethylhexyl 2propenoate; when used as an inert
ingredient in a pesticide chemical
formulation. Spring Trading Company
on behalf of BASF Corporation
submitted a petition to EPA under the
Federal Food, Drug, and Cosmetic Act
(FFDCA), requesting an exemption from
the requirement of a tolerance. This
regulation eliminates the need to
establish a maximum permissible level
for residues of 2-propenoic acid, 2methyl-, 2-oxiranylmethyl ester,
polymer with butyl 2-propenoate,
ethenylbenzene and 2-ethylhexyl 2propenoate on food or feed
commodities.
daltland on DSKBBV9HB2PROD with RULES
SUMMARY:
This regulation is effective
September 11, 2018. Objections and
requests for hearings must be received
on or before November 13, 2018, and
DATES:
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16:11 Sep 10, 2018
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must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2018–0263, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. 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 OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Michael Goodis, Director, Registration
Division (7505P), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001; main
telephone number: (703) 305–7090;
email address: RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
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applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Government Printing
Office’s e-CFR site at https://
www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&
tpl=/ecfrbrowse/Title40/40tab_02.tpl.
C. Can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2018–0263 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before November 13, 2018. Addresses
for mail and hand delivery of objections
and hearing requests are provided in 40
CFR 178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
E:\FR\FM\11SER1.SGM
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]]>Agencies
[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.
-----------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
State EPA approval Federal Register
Provision effective date date notice Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2008 Lead NAAQS Maintenance Plan 3/26/2018 9/11/2018 [Insert Federal ........................
for the Hillsborough Area. Register citation].
----------------------------------------------------------------------------------------------------------------
[[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
------------------------------------------------------------------------
Designation for the 2008 NAAQS a
Designated area --------------------------------------
Date 1 Type
------------------------------------------------------------------------
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.
* * * * * * *
------------------------------------------------------------------------
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
