80 FR 57538 - Approval and Promulgation of Implementation Plans; Florida Infrastructure Requirements for the 2008 Lead NAAQS
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 185 (September 24, 2015)
Federal Register Volume 80, Issue 185 (September 24, 2015)
| Page Range | 57538-57540 | |
| FR Document | 2015-24088 |
[Federal Register Volume 80, Number 185 (Thursday, September 24, 2015)] [Rules and Regulations] [Pages 57538-57540] From the Federal Register Online [www.thefederalregister.org] [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 [email protected]. 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 ---------------------------------------------------------------------------------------------------------------- State effective EPA approval Federal Register Provision date date notice Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * 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). ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2015-24088 Filed 9-23-15; 8:45 am] BILLING CODE 6560-50-P
![57538 Federal Register / Vol. 80, No. 185 / Thursday, September 24, 2015 / Rules and Regulations
Technology Transfer and Advancement Congress and to the Comptroller General List of Subjects in 40 CFR Part 52
Act of 1995 (15 U.S.C. 272 note) because of the United States. EPA will submit a Environmental protection, Air
application of those requirements would report containing this action and other pollution control, Incorporation by
be inconsistent with the CAA; and required information to the U.S. Senate, reference, Ozone, Reporting and
• does not provide EPA with the the U.S. House of Representatives, and recordkeeping requirements, Volatile
discretionary authority to address, as the Comptroller General of the United organic compounds.
appropriate, disproportionate human States prior to publication of the rule in
health or environmental effects, using Authority: 42 U.S.C. 7401 et seq.
the Federal Register. A major rule
practicable and legally permissible cannot take effect until 60 days after it Dated: September 10, 2015.
methods, under Executive Order 12898 is published in the Federal Register. Heather McTeer Toney,
(59 FR 7629, February 16, 1994). This action is not a ‘‘major rule’’ as Regional Administrator, Region 4.
In addition, the SIP is not approved defined by 5 U.S.C. 804(2). 40 CFR part 52 is amended as follows:
to apply on any Indian reservation land
or in any other area where EPA or an Under section 307(b)(1) of the CAA,
petitions for judicial review of this PART 52—APPROVAL AND
Indian tribe has demonstrated that a PROMULGATION OF
tribe has jurisdiction. In those areas of action must be filed in the United States
IMPLEMENTATION PLANS
Indian country, the rule does not have Court of Appeals for the appropriate
tribal implications as specified by circuit by November 23, 2015. Filing a ■ 1. The authority citation for part 52
Executive Order 13175 (65 FR 67249, petition for reconsideration by the continues to read as follows:
November 9, 2000), nor will it impose Administrator of this final rule does not
Authority: 42 U.S.C. 7401 et seq.
substantial direct costs on tribal affect the finality of this action for the
governments or preempt tribal law. purposes of judicial review nor does it Subpart L—Georgia
The Congressional Review Act, 5 extend the time within which a petition
U.S.C. 801 et seq., as added by the Small for judicial review may be filed, and ■ 2. Section 52.570(c) is amended by
Business Regulatory Enforcement shall not postpone the effectiveness of revising the entry for ‘‘391–3–22’’ to
Fairness Act of 1996, generally provides such rule or action. This action may not read as follows:
that before a rule may take effect, the be challenged later in proceedings to
agency promulgating the rule must § 52.570 Identification of plan.
enforce its requirements. See section
submit a rule report, which includes a 307(b)(2). * * * * *
copy of the rule, to each House of the (c) * * *
EPA APPROVED GEORGIA REGULATIONS
State effective
State citation Title/subject EPA approval date Explanation
date
* * * * * * *
391–3–22 ...... Clean Fueled Fleets .... 5/11/14 9/24/15 [Insert citation of publica- Clean Fueled Fleets rules moved to the contin-
tion]. gency measures portion of the SIP-approved
1997 8-hour ozone Maintenance Plan for the
Atlanta Area.
* * * * * Florida, through the Department of required infrastructure elements for the
[FR Doc. 2015–24094 Filed 9–23–15; 8:45 am] Environmental Protection (FL DEP) for 2008 Lead NAAQS.
BILLING CODE 6560–50–P inclusion into the Florida SIP. This final DATES: This rule will be effective
submission pertains to the Clean Air Act October 26, 2015
(CAA or the Act) infrastructure ADDRESSES: EPA has established a
ENVIRONMENTAL PROTECTION requirements for the 2008 Lead national docket for this action under Docket
AGENCY ambient air quality standards (NAAQS). Identification No. EPA–R04–OAR–
The CAA requires that each state adopt 2013–0040. All documents in the docket
40 CFR Part 52 and submit a SIP for the are listed on the www.regulations.gov
[EPA–R04–OAR–2013–0040; FRL–9934–41– implementation, maintenance, and Web site. Although listed in the index,
Region 4] enforcement of each NAAQS some information is not publicly
promulgated by EPA, which is available, i.e., Confidential Business
Approval and Promulgation of commonly referred to as an Information or other information whose
Implementation Plans; Florida ‘‘infrastructure’’ SIP. FL DEP certified disclosure is restricted by statute.
Infrastructure Requirements for the that the Florida SIP contains provisions Certain other material, such as
2008 Lead NAAQS that ensure the 2008 Lead NAAQS is copyrighted material, is not placed on
AGENCY: Environmental Protection implemented, enforced, and maintained the Internet and will be publicly
Agency (EPA). in Florida. With the exception of available only in hard copy form.
ACTION: Final rule. provisions pertaining to prevention of Publicly available docket materials are
tkelley on DSK3SPTVN1PROD with RULES
significant deterioration (PSD) available either electronically through
SUMMARY: The Environmental Protection permitting which EPA has already www.regulations.gov or in hard copy at
Agency (EPA) is taking final action to approved, EPA is taking final action to the Air Regulatory Management Section,
approve portions of the October 14, approve Florida’s infrastructure Air Planning and Implementation
2011, State Implementation Plan (SIP) submission, provided to EPA on Branch, Air, Pesticides and Toxics
submission, provided by the State of October 14, 2011, as satisfying the Management Division, U.S.
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![57540 Federal Register / Vol. 80, No. 185 / Thursday, September 24, 2015 / Rules and Regulations
PART 52—APPROVAL AND Authority: 42 U.S.C. 7401 et seq. Lead National Ambient Air Quality
PROMULGATION OF Standards’’ at the end of the table to
Subpart K—Florida read as follows:
IMPLEMENTATION PLANS
■ 2. Section 52.520(e), is amended by § 52.520 Identification of plan.
■ 1. The authority citation for part 52
adding entry ‘‘110(a)(1) and (2) * * * * *
continues to read as follows:
Infrastructure Requirements for the 2008 (e) * * *
EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS
State effective EPA approval
Provision Federal Register notice Explanation
date date
* * * * * * *
110(a)(1) and (2) Infrastructure Re- 10/14/2011 9/24/2015 [Insert citation of publication] ......... With the exception of provisions
quirements for the 2008 Lead pertaining to PSD permitting re-
National Ambient Air Quality quirements in sections
Standards. 110(a)(2)(C), prong 3 of D(i) and
(J).
[FR Doc. 2015–24088 Filed 9–23–15; 8:45 am] approve South Carolina’s infrastructure electronic mail at farngalo.zuri@
BILLING CODE 6560–50–P SIP submission, provided to EPA on epa.gov.
September 20, 2011. SUPPLEMENTARY INFORMATION:
ENVIRONMENTAL PROTECTION DATES:This rule will be effective I. Background
AGENCY October 26, 2015.
Upon promulgation of a new or
ADDRESSES: EPA has established a revised NAAQS, sections 110(a)(1) and
40 CFR Part 52 docket for this action under Docket (2) of the CAA require states to address
[EPA–R04–OAR–2012–0852; FRL– 9934–40– Identification No. EPA–R04–OAR– basic SIP requirements, including
Region 4] 2012–0852. All documents in the docket emissions inventories, monitoring, and
are listed on the www.regulations.gov modeling to assure attainment and
Approval and Promulgation of Web site. Although listed in the index, maintenance for that new NAAQS.
Implementation Plans; South Carolina; some information is not publicly Section 110(a) of the CAA generally
Infrastructure Requirements for the available, i.e., Confidential Business requires states to make a SIP submission
2008 Lead National Ambient Air Quality Information or other information whose to meet applicable requirements in
Standards disclosure is restricted by statute. order to provide for the implementation,
Certain other material, such as maintenance, and enforcement of a new
AGENCY: Environmental Protection copyrighted material, is not placed on or revised NAAQS within three years
Agency (EPA). the Internet and will be publicly following the promulgation of such
ACTION: Final rule. available only in hard copy form. NAAQS, or within such shorter period
Publicly available docket materials are as EPA may prescribe. For additional
SUMMARY: The Environmental Protection
available either electronically through information on the infrastructure SIP
Agency (EPA) is taking final action to
www.regulations.gov or in hard copy at requirements, see the proposed
approve the September 20, 2011, State
the Air Regulatory Management Section, rulemaking published on June 8, 2015.
Implementation Plan (SIP) submission, (80 FR 32324)
Air Planning and Implementation
provided by the South Carolina On June 8, 2015, EPA proposed to
Branch, Air, Pesticides and Toxics
Department of Health and approve portions of South Carolina’s
Management Division, U.S.
Environmental Control (SC DHEC) for September 20, 2011, 2008 Lead NAAQS
Environmental Protection Agency,
inclusion into the South Carolina SIP. infrastructure SIP submission with the
Region 4, 61 Forsyth Street SW.,
This final action pertains to the Clean exception of provisions pertaining to
Atlanta, Georgia 30303–8960. EPA
Air Act (CAA or the Act) infrastructure PSD permitting in sections 110(a)(2)(C),
requests that if at all possible, you
requirements for the 2008 Lead national prong 3 of D(i) and (J). See 80 FR 32324.
contact the person listed in the FOR
ambient air quality standards (NAAQS). EPA did not receive any comments,
FURTHER INFORMATION CONTACT section to
The CAA requires that each state adopt adverse or otherwise, on the June 8,
schedule your inspection. The Regional
and submit a SIP for the 2015, proposed rule. EPA took final
Office’s official hours of business are
implementation, maintenance, and action to approve the PSD permitting
Monday through Friday, 8:30 a.m. to
enforcement of each NAAQS requirements in sections 110(a)(2)(C),
4:30 p.m., excluding Federal holidays.
promulgated by EPA, which is prong 3 of D(i) and (J) on March 18,
commonly referred to as an FOR FURTHER INFORMATION CONTACT: Zuri 2015. See 80 FR 14019.
‘‘infrastructure’’ SIP. SC DHEC certified Farngalo, Air Regulatory Management
that the South Carolina SIP contains Section, Air Planning and II. This Action
provisions to ensure the 2008 Lead Implementation Branch, Air, Pesticides In this rulemaking, EPA is taking final
tkelley on DSK3SPTVN1PROD with RULES
NAAQS is implemented, enforced, and and Toxics Management Division, U.S. action to approve the remaining
maintained in South Carolina. With the Environmental Protection Agency, portions of South Carolina’s
exception of provisions pertaining to Region 4, 61 Forsyth Street SW., infrastructure submission as
prevention of significant deterioration Atlanta, Georgia 30303–8960. The demonstrating that the State meets the
(PSD) permitting which EPA has already telephone number is (404) 562–9152. applicable requirements of sections
approved, EPA is taking final action to Mr. Farngalo can be reached via 110(a)(1) and (2) of the CAA for the
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Document Created: 2018-02-26 10:18:12
Document Modified: 2018-02-26 10:18:12
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule will be effective October 26, 2015 | |
| 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 [email protected] | |
| FR Citation | 80 FR 57538 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Lead; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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