Air Quality Designation; FL; Redesignation of the Duval County Ozone Unclassifiable Area, 64206-64209 [2019-25284]
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Federal Register / Vol. 84, No. 225 / Thursday, November 21, 2019 / Rules and Regulations
Final Regulations
In consideration of the foregoing, the
Judges amend part 381 of title 37 of the
Code of Federal Regulations as follows:
PART 381—USE OF CERTAIN
COPYRIGHTED WORKS IN
CONNECTION WITH
NONCOMMERCIAL EDUCATIONAL
BROADCASTING
1. The authority citation for part 381
continues to read as follows:
■
Authority: 17 U.S.C. 118, 801(b)(1) and
803.
2. Section 381.5 is amended by
revising paragraphs (c)(3)(iii) to read as
follows:
■
§ 381.5 Performance of musical
compositions by public broadcasting
entities licensed to colleges and
universities.
*
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(c) * * *
(3) * * *
(iii) 2020: $162 per station.
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Dated: November 15, 2019.
Jesse M. Feder,
Chief Copyright Royalty Judge.
[FR Doc. 2019–25197 Filed 11–20–19; 8:45 am]
BILLING CODE 1410–72–P
LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 386
[Docket No. 19–CRB–0013–SA–COLA
(2020)]
Cost of Living Adjustment to Satellite
Carrier Compulsory License Royalty
Rates
Copyright Royalty Board (CRB),
Library of Congress.
ACTION: Final rule; cost of living
adjustment.
AGENCY:
The Copyright Royalty Judges
announce a cost of living adjustment
(COLA) of 1.8% in the royalty rates
satellite carriers pay for a compulsory
license under the Copyright Act. The
COLA is based on the change in the
Consumer Price Index from October
2018 to October 2019.
DATES:
Effective date: January 1, 2020.
Applicability dates: These rates are
applicable to the period January 1, 2020,
through December 31, 2020.
FOR FURTHER INFORMATION CONTACT:
Anita Blaine, CRB Program Assistant, by
telephone at (202) 707–7658 or by email
at crb@loc.gov.
SUMMARY:
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The
satellite carrier compulsory license
establishes a statutory copyright
licensing scheme for the distant
retransmission of television
programming by satellite carriers. 17
U.S.C. 119. Congress created the license
in 1988 and has reauthorized the license
for additional five-year periods, most
recently with the passage of the STELA
Reauthorization Act of 2014, Public Law
113–200.1
On August 31, 2010, the Copyright
Royalty Judges (Judges) adopted rates
for the section 119 compulsory license
for the 2010–2014 term. See 75 FR
53198. The rates were proposed by
Copyright Owners and Satellite
Carriers 2 and were unopposed. Id. On
December 4, 2014, Congress extended
the term of those rates through 2019 by
passing the STELA Reauthorization Act
of 2014. 17 U.S.C. 119(c)(1)(E).
Section 119(c)(2) of the Copyright Act
provides that, effective January 1 of each
year, the Judges shall adjust the royalty
fee payable under Section 119(b)(1)(B)
‘‘to reflect any changes occurring in the
cost of living as determined by the most
recent Consumer Price Index (for all
consumers and for all items) [CPI–U]
published by the Secretary of Labor
before December 1 of the preceding
year.’’ Section 119 also requires that
‘‘[n]otification of the adjusted fees shall
be published in the Federal Register at
least 25 days before January 1.’’ 17
U.S.C. 119(c)(2).
The change in the cost of living as
determined by the CPI–U during the
period from the most recent index
published before December 1, 2018, to
the most recent index published before
December 1, 2019, is 1.8%.3 Application
of the 1.8% COLA to the current rate for
the secondary transmission of broadcast
stations by satellite carriers for private
home viewing—29 cents per subscriber
per month—results in a rate of 30 cents
per subscriber per month (rounded to
the nearest cent). See 37 CFR
386.2(b)(1). Application of the 1.8%
COLA to the current rate for viewing in
commercial establishments—59 cents
per subscriber per month—results in a
rate of 60 cents per subscriber per
month (rounded to the nearest cent). See
37 CFR 386.2(b)(2).
SUPPLEMENTARY INFORMATION:
1 The license expires on December 31, 2019. 17
U.S.C. 119(h).
2 Program Suppliers and Joint Sports Claimants
comprised the Copyright Owners while DIRECTV,
Inc., DISH Network, LLC, and National
Programming Service, LLC, comprised the Satellite
Carriers.
3 On November 13, 2019, the Bureau of Labor
Statistics announced that the CPI–U increased 1.8%
over the last 12 months.
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List of Subjects in 37 CFR Part 386
Copyright, Satellite, Television.
Final Regulations
In consideration of the foregoing, the
Judges amend part 386 of title 37 of the
Code of Federal Regulations as follows:
PART 386—ADJUSTMENT OF
ROYALTY FEES FOR SECONDARY
TRANSMISSIONS BY SATELLITE
CARRIERS
1. The authority citation for part 386
continues to read as follows:
■
Authority: 17 U.S.C. 119(c), 801(b)(1).
2. Section 386.2 is amended by adding
paragraphs (b)(1)(xi) and (b)(2)(xi) to
read as follows:
■
§ 386.2 Royalty fee for secondary
transmission by satellite carriers.
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(b) * * *
(1) * * *
(xi) 2020: 30 cents per subscriber per
month.
(2) * * *
(xi) 2020: 60 cents per subscriber per
month.
Dated: November 15, 2019.
Jesse M. Feder,
Chief Copyright Royalty Judge.
[FR Doc. 2019–25198 Filed 11–20–19; 8:45 am]
BILLING CODE 1410–72–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–R04–OAR–2019–0374; FRL–10002–
48–Region 4]
Air Quality Designation; FL;
Redesignation of the Duval County
Ozone Unclassifiable Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
On June 19, 2019, the State of
Florida, through the Florida Department
of Environmental Protection (FDEP),
submitted a request for the
Environmental Protection Agency (EPA)
to redesignate the Jacksonville, Florida
ozone unclassifiable area (hereinafter
referred to as the ‘‘Duval County Area’’
or ‘‘Area’’) to attainment for the 2015
primary and secondary 8-hour ozone
national ambient air quality standards
(NAAQS). EPA now has sufficient data
to determine that the Duval County Area
is in attainment of the 2015 primary and
secondary 8-hour ozone NAAQS. EPA is
approving the State’s request and
SUMMARY:
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Federal Register / Vol. 84, No. 225 / Thursday, November 21, 2019 / Rules and Regulations
redesignating the Area to attainment/
unclassifiable for the 2015 primary and
secondary 8-hour ozone NAAQS based
upon valid, quality-assured, and
certified ambient air monitoring data
showing that the Area is in compliance
with the 2015 primary and secondary 8hour ozone NAAQS.
DATES: This rule will be effective
December 23, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2019–0374. 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 and Radiation 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:
Madolyn Sanchez, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
Ms. Sanchez can be reached by
telephone at (404) 562–9644 or via
electronic mail at sanchez.madolyn@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On October 1, 2015, EPA revised the
primary and secondary 8-hour NAAQS
for ozone to a level of 70 parts per
billion (ppb), based on a 3-year average
of the annual fourth-highest daily
maximum 8-hour ozone concentrations.
See 80 FR 65292 (October 26, 2015).
EPA established the standards based on
significant evidence and numerous
health studies demonstrating that
serious health effects are associated
with exposures to ground-level ozone.
The process for designating areas
following promulgation of a new or
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revised NAAQS is contained in section
107(d)(1) of the CAA. On June 4, 2018
(83 FR 25776), EPA published a final
rule designating certain areas across the
country, including the Duval Area, as
nonattainment, unclassifiable, or
attainment/unclassifiable for the 2015
primary and secondary 8-hour ozone
NAAQS based primarily upon air
quality monitoring data from monitors
for calendar years 2014–2016.1 2 EPA
designated Duval County as
unclassifiable for the 2015 primary and
secondary 8-hour ozone NAAQS
because the monitors in the Duval
County Area had incomplete data for
the 2014–2016 timeframe.3
On June 19, 2019, Florida submitted
a request for EPA to redesignate the
Duval County Area to attainment/
unclassifiable for the 2015 primary and
secondary 8-hour ozone NAAQS based
upon valid, quality-assured, and
certified ambient air monitoring data
from 2016–2018 showing that the Area
is in compliance with the 2015 primary
and secondary 8-hour ozone NAAQS.4
In a notice of proposed rulemaking
(NPRM) published on August 14, 2019
(84 FR 40351), EPA proposed to approve
the State’s redesignation request. The
details of Florida’s submittal and the
rationale for EPA’s actions are further
explained in the NPRM. Comments on
the NPRM were due on or before
September 13, 2019.
II. Response to Comments
EPA received one set of adverse
comments on its proposal action. These
comments, from an anonymous
commenter, are provided in the docket
for this final rulemaking. Below is a
summary of the comments and EPA’s
responses.
Comment 1: The Commenter contends
that EPA does not have the authority to
redesignate any area, including the
Duval County Area, to ‘‘attainment/
1 This action, combined with final rules
published on November 16, 2017 (82 FR 54232) and
July 25, 2018 (83 FR 35136), completed the 2015
8-hour ozone NAAQS designations for all areas.
2 Several states chose to submit early certified air
quality data for their areas. For those areas, EPA
based the final designation decisions on air quality
data from 2015–2017. Florida did not submit early
certified air quality data. In the NPRM, EPA
inadvertently stated that the Agency designated the
Area unclassifiable based on 2015–2017 data.
3 EPA used the category ‘‘unclassifiable’’ for areas
in which EPA could not determine, based upon
available information, whether or not the NAAQS
was being met and/or EPA had not determined the
area to be contributing to nearby violations.
4 Although Florida requested redesignation of the
Area to ‘‘attainment,’’ EPA is redesignating the area
to ‘‘attainment/unclassifiable’’ because, as noted in
the proposal, EPA reserves the ‘‘attainment’’
category for when EPA redesignates a
nonattainment area that has attained the relevant
NAAQS and has an approved maintenance plan.
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unclassifiable’’ because the Agency
must use one of the three options (i.e.,
attainment, nonattainment, or
unclassifiable) listed for designations in
CAA section 107(d)(1)(A).
Response 1: EPA disagrees with the
Commenter. The Agency’s use of the
label ‘‘attainment/unclassifiable’’ rather
than ‘‘attainment’’ when designating an
area or redesignating an unclassifiable
area that now has data demonstrating
attainment of the relevant NAAQS has
no legal or practical significance. An
area classified as attainment/
unclassifiable meets Congress’s
definition of an attainment area under
CAA section 107(d)(1)(A)(ii), and the
legal status and applicable regulatory
framework are the same regardless of
whether the area is labeled solely as
‘‘attainment.’’
EPA has a longstanding practice of
designating most areas that meet a
NAAQS as ‘‘unclassifiable/attainment,’’
or more recently, ‘‘attainment/
unclassifiable’’ for that standard. This
category includes areas that have air
quality monitoring data meeting the
NAAQS and areas that do not have
monitors and for which EPA has no
evidence that the areas may be violating
the NAAQS or contributing to a nearby
violation. EPA recently reversed the
order of the label to ‘‘attainment/
unclassifiable’’ because it better conveys
the definition of the designation
category and is more easily
distinguished from the separate
‘‘unclassifiable’’ category. See, e.g., 83
FR 25776, 25778 (June 4, 2018). EPA
uses the ‘‘unclassifiable’’ category for
areas where EPA could not determine,
based upon available information,
whether the NAAQS was being met
and/or EPA had not determined the area
to be contributing to nearby violations.
EPA reserves the ‘‘attainment’’ category
for instances when EPA redesignates a
nonattainment area that has attained the
relevant NAAQS.
Comment 2: The Commenter asserts
that EPA cannot redesignate any area to
attainment without demonstrating that
the area meets the requirements of CAA
section 107(d)(3)(E). By not addressing
these requirements for the Duval Area,
the Commenter claims that the Agency
failed to address the required elements
for a redesignation to attainment and
effectively granted itself an extension of
the initial designation process.
Response 2: EPA disagrees with the
Commenter. As noted in the NPRM,
Congress expressly limited the
redesignation criteria in CAA section
107(d)(3)(E) to redesignations of
nonattainment areas to attainment, and
therefore, these criteria are not
applicable to redesignations of
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unclassifiable areas to attainment/
unclassifiable.5 Furthermore, a
redesignation under section 107(d)(3) is
not and cannot be an extension of the
initial designations process because an
area must first be designated under a
separate legal process pursuant to
section 107(d)(1) before it can be
redesignated. Extensions of the
designations process are governed by
section 107(d)(1)(B) which allows for a
one-year extension in the event that the
EPA Administrator has insufficient
information to promulgate the
designations. EPA can designate an area
as ‘‘unclassifiable’’ regardless of
whether it extends the designations
period. EPA designated the Duval Area
as ‘‘unclassifiable’’ pursuant to section
107(d)(1) on June 4, 2018, due to
incomplete air quality monitoring data
from 2014–2016. Complete, qualityassured, and certified data now exist for
the 2016–2018 time period, and these
data show that the Area is attaining the
standard. The State submitted a
redesignation request under section
107(d)(3)(A) based on these data, and
EPA is approving that request because it
meets the CAA requirements for a
redesignation from unclassifiable to
attainment/unclassifiable.
III. Final Action
EPA is approving Florida’s
redesignation request and redesignating
the Duval County Area from
unclassifiable to attainment/
unclassifiable for the 2015 8-hour ozone
NAAQS.
IV. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to attainment/unclassifiable is an
action that affects the status of a
geographical area and does not impose
any additional regulatory requirements
on sources beyond those imposed by
state law. A redesignation to attainment/
unclassifiable does not in and of itself
create any new requirements.
Accordingly, this action merely
redesignates an area to attainment/
unclassifiable and does not impose
additional requirements. For that
reason, this action:
5 The redesignation criteria listed in section
107(d)(3)(E) are preceded by the phrase ‘‘[t]he
Administrator may not promulgate a redesignation
of a nonattainment area (or portion thereof) to
attainment unless. . .’’ (emphasis added).
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• 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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because it is not a significant
regulatory action under Executive Order
12866;
• 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 CAA; and
• Will not have disproportionate
human health or environmental effects
under Executive Order 12898 (59 FR
7629, February 16, 1994).
This final redesignation action is not
approved to apply to 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
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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 January 21, 2020. 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 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: November 13, 2019.
Mary S. Walker,
Regional Administrator, Region 4.
40 CFR part 81 is amended as follows:
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
1. The authority citation for part 81
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
2. In § 81.310, the table entitled
‘‘Florida—2015 8-Hour Ozone NAAQS
(Primary and Secondary)’’ is amended
by revising the entry for ‘‘Jacksonville,
FL’’ to read as follows:
■
§ 81.310
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Florida.
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Federal Register / Vol. 84, No. 225 / Thursday, November 21, 2019 / Rules and Regulations
FLORIDA—2015 8-HOUR OZONE NAAQS
[Primary and secondary]
Designation
Classification
Designated area 1
Jacksonville, FL .................
Duval County.
*
Date 2
Type
Date
December 23, 2019 ..........
Attainment/Unclassifiable ..
...........................................
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Type
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1 Includes
any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian
country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country.
2 This date is August 3, 2018, unless otherwise noted.
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Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mr. Joseph Myers, U.S. Coast
Guard; telephone 202–372–1249, email
CGFishSafe@uscg.mil.
SUPPLEMENTARY INFORMATION:
*
[FR Doc. 2019–25284 Filed 11–20–19; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Background
46 CFR Part 28
[Docket Number USCG–2010–0625]
RIN 1625–AB50
Waiver of Citizenship Requirements for
Crewmembers on Commercial Fishing
Vessels
Coast Guard, DHS.
ACTION: Final rule; information
collection approval.
AGENCY:
The Coast Guard announces
that it has received approval from the
Office of Management and Budget for an
information collection request
associated with the Waiver of
Citizenship Requirements for
Crewmembers on Commercial Fishing
Vessels in a final rule we published in
the Federal Register on February 14,
2014. In that rule, we stated we would
publish a document in the Federal
Register announcing the effective date
of the collection-of-information related
sections. This rule establishes December
23, 2019, as the effective date for those
sections.
DATES: The amendments to §§ 28.1105
and 28.1110, published February 14,
2014 (79 FR 8864), are effective
December 23, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, including the
final rule published on February 14,
2014 (79 FR 8864), go to https://
www.regulations.gov, type USCG–2010–
0625 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
SUMMARY:
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On February 14, 2014, the Coast
Guard published a final rule that added
the waiver of citizenship requirements
for crewmembers on commercial fishing
vessels. 79 FR 8864. The final rule
delayed the effective dates of 46 CFR
28.1105 and 28.1110 because these
sections contain collection-ofinformation provisions that require
approval by the Office of Management
and Budget (OMB) under the Paperwork
Reduction Act of 1995, 44 U.S.C. 3501–
3520. On March 21, 2016, the OMB
approved the collection, ‘‘Commercial
Fishing Industry Vessel Safety
Regulations,’’ and assigned OMB
Control Number 1625–0061.
Accordingly, we announce that 46 CFR
28.1105 and 28.1110 are effective
December 23, 2019.
This document is issued under the
authority of 46 U.S.C. 8103(b)(3)(C).
Dated: November 15, 2019.
R.V. Timme,
Rear Admiral, U.S. Coast Guard, Assistant
Commandant for Prevention Policy.
[FR Doc. 2019–25234 Filed 11–20–19; 8:45 am]
BILLING CODE 9110–04–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 27
[WT Docket No. 18–120; DA 19–1160]
Transforming the 2.5 GHz Band;
Correction
Federal Communications
Commission.
AGENCY:
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ACTION:
Final rule; correction.
The Federal Communications
Commission (Commission) is correcting
a final rule that appeared in the Federal
Register on October 25, 2019. In the
document, the Commission took another
step towards making more mid-band
spectrum available for next generation
wireless services benefitting all
Americans. Specifically, the
Commission transformed the regulatory
framework governing the 2.5 GHz band
(2496–2690 MHz), which is the single
largest band of contiguous spectrum
below 3 gigahertz.
SUMMARY:
The corrections to § 27.14 are
effective November 25, 2019; the
correction to § 27.1219 is effective April
27, 2020.
DATES:
John
Schauble of the Wireless
Telecommunications Bureau,
Broadband Division, at (202) 418–0797
or John.Schauble@fcc.gov.
FOR FURTHER INFORMATION CONTACT:
In FR Doc.
2019–22511 appearing on page 57343 in
the Federal Register on October 25,
2019, the following corrections are
made:
SUPPLEMENTARY INFORMATION:
§ 27.14
[Corrected]
1. On page 57364, in the third column,
amend § 27.14(u)(4) by removing the
two entries ‘‘(o)(2) or (3)’’ and adding,
in their places, the entries ‘‘(u)(2) or
(3)’’.
■
2. On page 57365, in the first column,
amend § 27.14(u)(5) by removing the
two entries ‘‘(o)(2) or (3)’’ and adding,
in their places, the entries ‘‘(u)(2) or
(3)’’.
■
§ 27.1219
[Corrected]
3. On page 57367, in the first column,
amend § 27.1219(a)(1) by removing the
word ‘‘have’’ and adding, in its place,
the word ‘‘has’’.
■
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]]>Agencies
[Federal Register Volume 84, Number 225 (Thursday, November 21, 2019)]
[Rules and Regulations]
[Pages 64206-64209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25284]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R04-OAR-2019-0374; FRL-10002-48-Region 4]
Air Quality Designation; FL; Redesignation of the Duval County
Ozone Unclassifiable Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On June 19, 2019, the State of Florida, through the Florida
Department of Environmental Protection (FDEP), submitted a request for
the Environmental Protection Agency (EPA) to redesignate the
Jacksonville, Florida ozone unclassifiable area (hereinafter referred
to as the ``Duval County Area'' or ``Area'') to attainment for the 2015
primary and secondary 8-hour ozone national ambient air quality
standards (NAAQS). EPA now has sufficient data to determine that the
Duval County Area is in attainment of the 2015 primary and secondary 8-
hour ozone NAAQS. EPA is approving the State's request and
[[Page 64207]]
redesignating the Area to attainment/unclassifiable for the 2015
primary and secondary 8-hour ozone NAAQS based upon valid, quality-
assured, and certified ambient air monitoring data showing that the
Area is in compliance with the 2015 primary and secondary 8-hour ozone
NAAQS.
DATES: This rule will be effective December 23, 2019.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2019-0374. 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 and Radiation 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: Madolyn Sanchez, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. Ms. Sanchez can be
reached by telephone at (404) 562-9644 or via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On October 1, 2015, EPA revised the primary and secondary 8-hour
NAAQS for ozone to a level of 70 parts per billion (ppb), based on a 3-
year average of the annual fourth-highest daily maximum 8-hour ozone
concentrations. See 80 FR 65292 (October 26, 2015). EPA established the
standards based on significant evidence and numerous health studies
demonstrating that serious health effects are associated with exposures
to ground-level ozone.
The process for designating areas following promulgation of a new
or revised NAAQS is contained in section 107(d)(1) of the CAA. On June
4, 2018 (83 FR 25776), EPA published a final rule designating certain
areas across the country, including the Duval Area, as nonattainment,
unclassifiable, or attainment/unclassifiable for the 2015 primary and
secondary 8-hour ozone NAAQS based primarily upon air quality
monitoring data from monitors for calendar years 2014-
2016.1 2 EPA designated Duval County as unclassifiable for
the 2015 primary and secondary 8-hour ozone NAAQS because the monitors
in the Duval County Area had incomplete data for the 2014-2016
timeframe.\3\
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\1\ This action, combined with final rules published on November
16, 2017 (82 FR 54232) and July 25, 2018 (83 FR 35136), completed
the 2015 8-hour ozone NAAQS designations for all areas.
\2\ Several states chose to submit early certified air quality
data for their areas. For those areas, EPA based the final
designation decisions on air quality data from 2015-2017. Florida
did not submit early certified air quality data. In the NPRM, EPA
inadvertently stated that the Agency designated the Area
unclassifiable based on 2015-2017 data.
\3\ EPA used the category ``unclassifiable'' for areas in which
EPA could not determine, based upon available information, whether
or not the NAAQS was being met and/or EPA had not determined the
area to be contributing to nearby violations.
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On June 19, 2019, Florida submitted a request for EPA to
redesignate the Duval County Area to attainment/unclassifiable for the
2015 primary and secondary 8-hour ozone NAAQS based upon valid,
quality-assured, and certified ambient air monitoring data from 2016-
2018 showing that the Area is in compliance with the 2015 primary and
secondary 8-hour ozone NAAQS.\4\ In a notice of proposed rulemaking
(NPRM) published on August 14, 2019 (84 FR 40351), EPA proposed to
approve the State's redesignation request. The details of Florida's
submittal and the rationale for EPA's actions are further explained in
the NPRM. Comments on the NPRM were due on or before September 13,
2019.
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\4\ Although Florida requested redesignation of the Area to
``attainment,'' EPA is redesignating the area to ``attainment/
unclassifiable'' because, as noted in the proposal, EPA reserves the
``attainment'' category for when EPA redesignates a nonattainment
area that has attained the relevant NAAQS and has an approved
maintenance plan.
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II. Response to Comments
EPA received one set of adverse comments on its proposal action.
These comments, from an anonymous commenter, are provided in the docket
for this final rulemaking. Below is a summary of the comments and EPA's
responses.
Comment 1: The Commenter contends that EPA does not have the
authority to redesignate any area, including the Duval County Area, to
``attainment/unclassifiable'' because the Agency must use one of the
three options (i.e., attainment, nonattainment, or unclassifiable)
listed for designations in CAA section 107(d)(1)(A).
Response 1: EPA disagrees with the Commenter. The Agency's use of
the label ``attainment/unclassifiable'' rather than ``attainment'' when
designating an area or redesignating an unclassifiable area that now
has data demonstrating attainment of the relevant NAAQS has no legal or
practical significance. An area classified as attainment/unclassifiable
meets Congress's definition of an attainment area under CAA section
107(d)(1)(A)(ii), and the legal status and applicable regulatory
framework are the same regardless of whether the area is labeled solely
as ``attainment.''
EPA has a longstanding practice of designating most areas that meet
a NAAQS as ``unclassifiable/attainment,'' or more recently,
``attainment/unclassifiable'' for that standard. This category includes
areas that have air quality monitoring data meeting the NAAQS and areas
that do not have monitors and for which EPA has no evidence that the
areas may be violating the NAAQS or contributing to a nearby violation.
EPA recently reversed the order of the label to ``attainment/
unclassifiable'' because it better conveys the definition of the
designation category and is more easily distinguished from the separate
``unclassifiable'' category. See, e.g., 83 FR 25776, 25778 (June 4,
2018). EPA uses the ``unclassifiable'' category for areas where EPA
could not determine, based upon available information, whether the
NAAQS was being met and/or EPA had not determined the area to be
contributing to nearby violations. EPA reserves the ``attainment''
category for instances when EPA redesignates a nonattainment area that
has attained the relevant NAAQS.
Comment 2: The Commenter asserts that EPA cannot redesignate any
area to attainment without demonstrating that the area meets the
requirements of CAA section 107(d)(3)(E). By not addressing these
requirements for the Duval Area, the Commenter claims that the Agency
failed to address the required elements for a redesignation to
attainment and effectively granted itself an extension of the initial
designation process.
Response 2: EPA disagrees with the Commenter. As noted in the NPRM,
Congress expressly limited the redesignation criteria in CAA section
107(d)(3)(E) to redesignations of nonattainment areas to attainment,
and therefore, these criteria are not applicable to redesignations of
[[Page 64208]]
unclassifiable areas to attainment/unclassifiable.\5\ Furthermore, a
redesignation under section 107(d)(3) is not and cannot be an extension
of the initial designations process because an area must first be
designated under a separate legal process pursuant to section 107(d)(1)
before it can be redesignated. Extensions of the designations process
are governed by section 107(d)(1)(B) which allows for a one-year
extension in the event that the EPA Administrator has insufficient
information to promulgate the designations. EPA can designate an area
as ``unclassifiable'' regardless of whether it extends the designations
period. EPA designated the Duval Area as ``unclassifiable'' pursuant to
section 107(d)(1) on June 4, 2018, due to incomplete air quality
monitoring data from 2014-2016. Complete, quality-assured, and
certified data now exist for the 2016-2018 time period, and these data
show that the Area is attaining the standard. The State submitted a
redesignation request under section 107(d)(3)(A) based on these data,
and EPA is approving that request because it meets the CAA requirements
for a redesignation from unclassifiable to attainment/unclassifiable.
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\5\ The redesignation criteria listed in section 107(d)(3)(E)
are preceded by the phrase ``[t]he Administrator may not promulgate
a redesignation of a nonattainment area (or portion thereof) to
attainment unless. . .'' (emphasis added).
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III. Final Action
EPA is approving Florida's redesignation request and redesignating
the Duval County Area from unclassifiable to attainment/unclassifiable
for the 2015 8-hour ozone NAAQS.
IV. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment/
unclassifiable is an action that affects the status of a geographical
area and does not impose any additional regulatory requirements on
sources beyond those imposed by state law. A redesignation to
attainment/unclassifiable does not in and of itself create any new
requirements. Accordingly, this action merely redesignates an area to
attainment/unclassifiable and does not impose additional requirements.
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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because it is not a significant regulatory
action under Executive Order 12866;
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 CAA; and
Will not have disproportionate human health or
environmental effects under Executive Order 12898 (59 FR 7629, February
16, 1994).
This final redesignation action is not approved to apply to 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 January 21, 2020. 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 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: November 13, 2019.
Mary S. Walker,
Regional Administrator, Region 4.
40 CFR part 81 is amended as follows:
PART 81--DESIGNATION 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.
0
2. In Sec. 81.310, the table entitled ``Florida--2015 8-Hour Ozone
NAAQS (Primary and Secondary)'' is amended by revising the entry for
``Jacksonville, FL'' to read as follows:
Sec. 81.310 Florida.
* * * * *
[[Page 64209]]
Florida--2015 8-Hour Ozone NAAQS
[Primary and secondary]
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Designation Classification
Designated area 1 -------------------------------------------------------------------------------
Date 2 Type Date Type
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Jacksonville, FL................ December 23, 2019. Attainment/ .................. ..................
Unclassifiable.
Duval County................
* * * * * * *
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\1\ Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
boundaries of any area of Indian country in this table, including any area of Indian country located in the
larger designation area. The inclusion of any Indian country in the designation area is not a determination
that the state has regulatory authority under the Clean Air Act for such Indian country.
\2\ This date is August 3, 2018, unless otherwise noted.
* * * * *
[FR Doc. 2019-25284 Filed 11-20-19; 8:45 am]
BILLING CODE 6560-50-P
