83 FR 39369 - Air Quality Designations for the 2012 Primary Annual Fine Particle (PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 154 (August 9, 2018)
Federal Register Volume 83, Issue 154 (August 9, 2018)
| Page Range | 39369-39373 | |
| FR Document | 2018-17080 |
[Federal Register Volume 83, Number 154 (Thursday, August 9, 2018)] [Rules and Regulations] [Pages 39369-39373] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-17080] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 81 [EPA-HQ-OAR-2012-0918; FRL-9981-95-OAR] Air Quality Designations for the 2012 Primary Annual Fine Particle (PM2.5) National Ambient Air Quality Standard (NAAQS) for Areas in Florida AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is establishing initial air quality designations for the 2012 primary annual fine particle (PM2.5 ) National Ambient Air Quality Standard (NAAQS) for the remaining undesignated areas in the state of Florida. When the EPA designated the majority of areas in the country for this NAAQS in December 2014 and March 2015, the EPA deferred initial area designations for certain areas, including all of the Florida, because the EPA could not determine using available data whether the areas were meeting or not meeting the NAAQS. In August 2016, the EPA designated most of the state of Florida (62 of 67 counties). Following the August 2016 designation action, two areas (five counties) in Florida remained undesignated. The EPA could not determine at that time whether the areas were meeting or not meeting the NAAQS. Florida has now submitted complete, quality-assured, and certified air quality monitoring data for the period 2015-2017 for the areas identified in this action. Based on these data, the EPA is designating the remaining five counties as unclassifiable/attainment for the 2012 primary annual PM2.5 NAAQS. DATES: This final rule is effective on September 10, 2018. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-HQ-OAR-2012-0918. All documents in the docket are listed in the index at http://www.regulations.gov. 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 in the docket or in hard copy at the EPA Docket Center, William Jefferson Clinton West Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC. 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 Air Docket is (202) 566-1742. In addition, the EPA has established a website for the rulemakings to initially designate areas for the 2012 primary annual PM2.5 NAAQS at: https://www.epa.gov/particle-pollution-designations. This website includes the EPA's final PM2.5 designations actions, as well as state and tribal initial recommendation letters, the EPA's modification letters, technical support documents, responses to comments and other related technical information. FOR FURTHER INFORMATION CONTACT: For general questions concerning this action, please contact: Carla Oldham, U.S. EPA, Office of Air Quality Planning and Standards, Air Quality Policy Division, C539-04, Research Triangle Park, NC 27711, telephone (919) 541-3347, email at [email protected]. The Region 4 contact is Madolyn Sanchez, U.S. EPA, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960, telephone (404) 562-9644, email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background On December 14, 2012, the EPA promulgated a revised primary annual PM2.5 NAAQS to provide increased protection of public health from fine particle pollution (78 FR 3086; January 15, 2013). In that action, the EPA strengthened the primary annual PM2.5 standard from 15.0 micrograms per cubic meter ([mu]g/m\3\) to 12.0 [mu]g/m\3\, which is attained when the 3-year average of the annual arithmetic means does not exceed 12.0 [mu]g/m\3\. Section 107(d) of the Clean Air Act (CAA), 42 U.S.C. 7407(d), governs the process for initial area designations after the EPA establishes a new or revised NAAQS. Under CAA section 107(d), each governor is required to, and each tribal leader may, if they so choose, recommend air quality designations to the EPA by a date that cannot be later than 1 year after the promulgation of a new or revised NAAQS. The EPA considers these recommendations as part of its duty to promulgate the area designations and boundaries for the new or revised NAAQS. If, after careful consideration of these recommendations, the EPA believes that it is necessary to modify a state's recommendation and intends to promulgate a designation different from a state's recommendation, the EPA must notify the state at least 120 days prior to promulgating the final designation and the EPA must provide the state an opportunity to demonstrate why any proposed modification is inappropriate. These modifications may relate either to an area's designation or to its boundaries. On December 18, 2014, the Administrator of the EPA signed a final action promulgating initial designations for the 2012 PM2.5 NAAQS for the majority of the United States, including areas of Indian country (80 FR 2206 FR; January 15, 2015). In that action, the EPA also deferred initial area designations for certain areas where available data, including air quality monitoring data, were insufficient to determine whether the area met or did not meet the NAAQS, but where forthcoming data were likely to result in complete and valid air quality data sufficient to determine whether these areas meet the NAAQS. Accordingly, the EPA stated that it would use the additional time available as provided under section 107(d)(1)(B) of the CAA to assess relevant information and subsequently promulgate initial designations for the identified areas through a separate rulemaking action or actions. The deferred areas included the entire state of Tennessee, except three counties in the Chattanooga area; several areas in the state of Georgia, including two neighboring counties in [[Page 39370]] the bordering states of Alabama and South Carolina; the entire state of Florida; and areas of Indian country located in these areas. In separate actions published on April 15, 2015 (80 FR 18535), September 6, 2016 (81 FR 61136), and May 19, 2017 (82 FR 22888), the EPA promulgated designations of unclassifiable/attainment for all remaining deferred areas in the state of Georgia (including two neighboring counties in the bordering states of Alabama and South Carolina), all of the remaining deferred areas in the state of Tennessee, and 62 counties in the state of Florida, including areas of Indian country located in those areas. II. Purpose and Designation Decisions Based on 2015-2017 Data The purpose of this action is to announce and promulgate initial area designations of unclassifiable/attainment for the 2012 PM2.5 NAAQS for the remaining five undesignated counties in the state of Florida. The counties are: Alachua County, Broward County, Gilchrist County, Miami-Dade County, and Palm Beach County. Alachua and Gilchrist Counties make up the Gainesville, FL Core Based Statistical Area (CBSA). Broward, Miami-Dade, and Palm Beach Counties make up the Miami-Fort Lauderdale-West Palm Beach Counties CBSA. The EPA initially deferred designating these counties in the EPA's January 15, 2015, rulemaking.\1\ Since then, the state of Florida has submitted to the EPA complete, quality-assured, and certified air quality monitoring data from 2015-2017 for the two CBSAs.\2\ The air quality data indicate that the CBSAs are attaining the 2012 PM2.5 NAAQS. In addition, because there are no nearby violating areas, the counties in these CBSAs are not causing or contributing to a violation of the 2012 PM2.5 NAAQS in a nearby area. Therefore, the EPA is designating the remaining five undesignated counties in these CBSAs as unclassifiable/attainment. These designations are consistent with Florida's recommended area designations and boundaries for these areas for the 2012 PM2.5 NAAQS. The table at the end of this final rule (amendments to 40 CFR 81.310--Florida) lists all areas for which the EPA has promulgated an initial designation in Florida. Areas of Indian country located in the listed areas are included in the designated areas. --------------------------------------------------------------------------- \1\ See also the technical support document for the deferred Florida areas in the rulemaking docket, documents numbered EPA-HQ- OAR-2012-0918-0323 and EPA-HQ-2012-0918-0332. \2\ Monitoring requirements are in accordance with 40 CFR part 58. Design values are calculated in accordance with 40 CFR part 50, Appendix N. --------------------------------------------------------------------------- III. Environmental Justice Considerations When the EPA establishes a new or revised NAAQS, the CAA requires the EPA to designate all areas of the U.S. as either nonattainment, attainment, or unclassifiable. The EPA provided a meaningful opportunity for members of the public to participate in the development of the 2012 primary annual PM2.5 NAAQS that underlies the present action, including conducting an outreach and information call with environmental justice organizations on August 9, 2012. As part of the process of reviewing the PM air quality criteria and revising the primary annual PM2.5 NAAQS, the EPA identified persons from lower socioeconomic strata as an at-risk population for PM-related health effects. As a result, the EPA carefully evaluated the potential impacts on low-income and minority populations. Based on this evaluation and consideration of public comments, the EPA eliminated spatial averaging provisions as part of the form of the primary annual PM2.5 NAAQS in order to avoid potential disproportionate impacts on at-risk populations, including populations from lower socioeconomic strata. See 78 FR at 3267 (January 15, 2013). This final action addresses designation determinations for certain areas in Florida for the 2012 primary annual PM2.5 NAAQS. The CAA requires the EPA to determine through a designation process whether an area meets or does not meet any new or revised national primary or secondary NAAQS. The promulgation of area designations facilitates public understanding and awareness of the air quality in an area. For this action, the complete and valid monitoring data from Florida indicate that all the areas at issue in this action are meeting the 2012 primary annual PM2.5 NAAQS. Furthermore, no area affected by this action is contributing to a violation of the 2012 primary annual PM2.5 NAAQS in a nearby area. IV. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is exempt from review by the Office of Management and Budget because it responds to the CAA requirement to promulgate air quality designations after promulgation of a new or revised NAAQS. B. Executive Order 13771: Reducing Regulations and Controlling Regulatory Costs This action is not an Executive Order 13771 regulatory action because actions such as air quality designations after promulgating a new revised NAAQS are exempt from review under Executive Order 12866. C. Paperwork Reduction Act (PRA) This action does not impose an information collection burden under the PRA. This action fulfills the non-discretionary duty for the EPA to promulgate air quality designations after promulgation of a new or revised NAAQS and does not contain any information collection activities. D. Regulatory Flexibility Act (RFA) This designation action under CAA 107(d) is not subject to the RFA. The RFA applies only to rules subject to notice and comment rulemaking requirements under the Administrative Procedure Act (APA), 5 U.S.C. 553, or any other statute. Section 107(d)(2)(B) of the CAA explicitly provides that designations are exempt from the notice and comment provisions of the APA. In addition, designations under CAA section 107(d) are not among the list of actions that are subject to the notice and comment procedures of CAA section 307(d). E. Unfunded Mandates Reform Act (UMRA) This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538 and does not significantly or uniquely affect small governments. The action implements mandates specifically and explicitly set forth in the CAA for the 2012 primary annual PM2.5 NAAQS (40 CFR 50.18). The CAA establishes the process whereby states take primary responsibility for developing plans to meet the 2012 primary annual PM2.5 NAAQS. F. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. [[Page 39371]] G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications. It will neither impose substantial direct compliance costs on federally recognized tribal governments, nor preempt tribal law. The CAA provides for states and eligible tribes to develop plans to regulate emissions of air pollutants within their areas, as necessary, based on the designations. The TAR provides tribes the opportunity to apply for eligibility to develop and implement CAA programs, such as programs to attain and maintain the PM2.5 NAAQS, but it leaves to the discretion of the tribe the decision of whether to apply to develop these programs and which programs, or appropriate elements of a program, the tribe will seek to adopt. This rule does not have a substantial direct effect on one or more Indian tribes. H. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks The EPA interprets Executive Order 13045 as applying to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ``covered regulatory action'' in section 2-202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not establish an environmental standard intended to mitigate health or safety risks. I. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution or Use This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866. J. National Technology Transfer and Advancement Act (NTTAA) This rulemaking does not involve technical standards. K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA believes that this action does not have disproportionately high and adverse human health of environmental effects on minority populations, low-income populations and/or indigenous peoples, as specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The documentation for this determination is contained in Section III of this preamble, ``Environmental Justice Considerations.'' L. Congressional Review Act (CRA) This action is subject to the CRA, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the U.S. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). M. Judicial Review Section 307 (b)(1) of the CAA indicates which Federal Courts of Appeal have venue for petitions of review of final actions by the EPA. This section provides, in part, that petitions for review must be filed in the Court of Appeals for the District of Columbia Circuit: (i) When the agency action consists of ``nationally applicable regulations promulgated, or final actions taken by the Administrator,'' or (ii) when such action is locally or regionally applicable, if ``such action is based on a determination of nationwide scope or effect and if in taking such action the Administrator finds and publishes that such action is based on such a determination.'' This final action, in conjunction with the previous final actions designating areas across the U.S. for the 2012 primary annual PM2.5 NAAQS, is ``nationally applicable'' within the meaning of section 307(b)(1). At the core of this final action is the EPA's interpretations of the definitions of nonattainment, attainment and unclassifiable under section 107(d)(1) of the CAA, and its application of those interpretations to areas across the country. For the same reasons, the Administrator is also determining that the final designations are of nationwide scope and effect for the purposes of section 307(b)(1) of the CAA. This is particularly appropriate because, in the report on the 1977 Amendments that revised section 307(b)(1) of the CAA, Congress noted that the Administrator's determination that an action is of ``nationwide scope or effect'' would be appropriate for any action that has a scope or effect beyond a single judicial circuit. H.R. Rep. No. 95-294 at 323, 324, reprinted in 1977 U.S.C.C.A.N. 1402- 03. Here, the scope and effect of this final action extends to numerous judicial circuits since the designations apply to areas across the country. In these circumstances, section 307(b)(1) and its legislative history calls for the Administrator to find the action to be of ``nationwide scope or effect'' and for venue to be in the D.C. Circuit. Thus, any petitions for review of final designations must be filed in the Court of Appeals for the District of Columbia Circuit within 60 days from the date final action is published in the Federal Register. List of Subjects in 40 CFR Part 81 Environmental protection, Air pollution control, National parks, Wilderness areas. Dated: July 31, 2018. Andrew R. Wheeler, Acting Administrator. For the reasons set forth in the preamble, 40 CFR part 81 is amended as follows: PART 81--DESIGNATIONS 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. Subpart C--Section 107 Attainment Status Designations 0 2. Section 81.310 is amended by revising the table titled, ``Florida-- 2012 Annual PM2.5 NAAQS (Primary)'' to read as follows: Sec. 81.310 Florida. * * * * * Florida--2012 Annual PM2.5 NAAQS [Primary] -------------------------------------------------------------------------------------------------------------------------------------------------------- Designation Classification Designated area \1\ ------------------------------------------------------------------------------------------------------------------------ Date \2\ Type Date \2\ Type -------------------------------------------------------------------------------------------------------------------------------------------------------- Statewide: Alachua County............. 9/10/2018 Unclassifiable/Attainment.................. Baker County............... .............. Unclassifiable/Attainment.................. [[Page 39372]] Bay County................. .............. Unclassifiable/Attainment.................. Bradford County............ .............. Unclassifiable/Attainment.................. Brevard County............. .............. Unclassifiable/Attainment.................. Broward County............. 9/10/2018 Unclassifiable/Attainment.................. Calhoun County............. .............. Unclassifiable/Attainment.................. Charlotte County........... .............. Unclassifiable/Attainment.................. Citrus County.............. .............. Unclassifiable/Attainment.................. Clay County................ .............. Unclassifiable/Attainment.................. Collier County............. .............. Unclassifiable/Attainment.................. Columbia County............ .............. Unclassifiable/Attainment.................. DeSoto County.............. .............. Unclassifiable/Attainment.................. Dixie County............... .............. Unclassifiable/Attainment.................. Duval County............... .............. Unclassifiable/Attainment.................. Escambia County............ .............. Unclassifiable/Attainment.................. Flagler County............. .............. Unclassifiable/Attainment.................. Franklin County............ .............. Unclassifiable/Attainment.................. Gadsden County............. .............. Unclassifiable/Attainment.................. Gilchrist County........... 9/10/2018 Unclassifiable/Attainment.................. Glades County.............. .............. Unclassifiable/Attainment.................. Gulf County................ .............. Unclassifiable/Attainment.................. Hamilton County............ .............. Unclassifiable/Attainment.................. Hardee County.............. .............. Unclassifiable/Attainment.................. Hendry County.............. .............. Unclassifiable/Attainment.................. Hernando County............ .............. Unclassifiable/Attainment.................. Highlands County........... .............. Unclassifiable/Attainment.................. Hillsborough County........ .............. Unclassifiable/Attainment.................. Holmes County.............. .............. Unclassifiable/Attainment.................. Indian River County........ .............. Unclassifiable/Attainment.................. Jackson County............. .............. Unclassifiable/Attainment.................. Jefferson County........... .............. Unclassifiable/Attainment.................. Lafayette County........... .............. Unclassifiable/Attainment.................. Lake County................ .............. Unclassifiable/Attainment.................. Lee County................. .............. Unclassifiable/Attainment.................. Leon County................ .............. Unclassifiable/Attainment.................. Levy County................ .............. Unclassifiable/Attainment.................. Liberty County............. .............. Unclassifiable/Attainment.................. Madison County............. .............. Unclassifiable/Attainment.................. Manatee County............. .............. Unclassifiable/Attainment.................. Marion County.............. .............. Unclassifiable/Attainment.................. Martin County.............. .............. Unclassifiable/Attainment.................. Miami-Dade County.......... 9/10/2018 Unclassifiable/Attainment.................. Monroe County.............. .............. Unclassifiable/Attainment.................. Nassau County.............. .............. Unclassifiable/Attainment.................. Okaloosa County............ .............. Unclassifiable/Attainment.................. Okeechobee County.......... .............. Unclassifiable/Attainment.................. Orange County.............. .............. Unclassifiable/Attainment.................. Osceola County............. .............. Unclassifiable/Attainment.................. Palm Beach County.......... 9/10/2018 Unclassifiable/Attainment.................. Pasco County............... .............. Unclassifiable/Attainment.................. Pinellas County............ .............. Unclassifiable/Attainment.................. Polk County................ .............. Unclassifiable/Attainment.................. Putnam County.............. .............. Unclassifiable/Attainment.................. St. Johns County........... .............. Unclassifiable/Attainment.................. St. Lucie County........... .............. Unclassifiable/Attainment.................. Santa Rosa County.......... .............. Unclassifiable/Attainment.................. Sarasota County............ .............. Unclassifiable/Attainment.................. Seminole County............ .............. Unclassifiable/Attainment.................. Sumter County.............. .............. Unclassifiable/Attainment.................. Suwanee County............. .............. Unclassifiable/Attainment.................. Taylor County.............. .............. Unclassifiable/Attainment.................. Union County............... .............. Unclassifiable/Attainment.................. Volusia County............. .............. Unclassifiable/Attainment.................. Wakulla County............. .............. Unclassifiable/Attainment.................. Walton County.............. .............. Unclassifiable/Attainment.................. Washington County.......... .............. Unclassifiable/Attainment.................. -------------------------------------------------------------------------------------------------------------------------------------------------------- \1\ Includes areas of Indian country located in each county or area, except as otherwise specified. \2\ This date is October 6, 2016, unless otherwise noted. [[Page 39373]] * * * * * [FR Doc. 2018-17080 Filed 8-8-18; 8:45 am] BILLING CODE 6560-50-P
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■ 3. Section 52.1075 is amended by and certified air quality monitoring data PM2.5 NAAQS to provide increased
adding paragraph (r) to read as follows: for the period 2015–2017 for the areas protection of public health from fine
identified in this action. Based on these particle pollution (78 FR 3086; January
§ 52.1075 Base year emissions inventory. data, the EPA is designating the 15, 2013). In that action, the EPA
* * * * * remaining five counties as strengthened the primary annual PM2.5
(r) EPA approves as a revision to the unclassifiable/attainment for the 2012 standard from 15.0 micrograms per
Maryland state implementation plan the primary annual PM2.5 NAAQS. cubic meter (mg/m3) to 12.0 mg/m3,
2011 base year emissions inventory for DATES: This final rule is effective on which is attained when the 3-year
the Baltimore, Maryland moderate September 10, 2018. average of the annual arithmetic means
nonattainment area for the 2008 8-hour does not exceed 12.0 mg/m3. Section
ADDRESSES: The EPA has established a
ozone national ambient air quality 107(d) of the Clean Air Act (CAA), 42
docket for this action under Docket ID
standards submitted by the Maryland U.S.C. 7407(d), governs the process for
No. EPA–HQ–OAR–2012–0918. All
Department of the Environment on initial area designations after the EPA
documents in the docket are listed in
December 30, 2016. The 2011 base year establishes a new or revised NAAQS.
the index at http://www.regulations.gov.
emissions inventory includes emissions Under CAA section 107(d), each
Although listed in the index, some
estimates that cover the general source governor is required to, and each tribal
information is not publicly available,
categories of stationary point, quasi- leader may, if they so choose,
i.e., Confidential Business Information
point, area (nonpoint), nonroad mobile, recommend air quality designations to
or other information whose disclosure is
onroad mobile, and Marine-Air-Rail (M– the EPA by a date that cannot be later
restricted by statute. Certain other
A–R). The inventory includes actual than 1 year after the promulgation of a
material, such as copyrighted material,
annual emissions and typical summer new or revised NAAQS. The EPA
is not placed on the internet and will be
day emissions for the months of May considers these recommendations as
publicly available only in hard copy
through September for the ozone part of its duty to promulgate the area
form. Publicly available docket
precursors, VOC and NOX. designations and boundaries for the new
materials are available either
[FR Doc. 2018–16992 Filed 8–8–18; 8:45 am] electronically in the docket or in hard or revised NAAQS. If, after careful
BILLING CODE 6560–50–P copy at the EPA Docket Center, William consideration of these
Jefferson Clinton West Building, Room recommendations, the EPA believes that
3334, 1301 Constitution Avenue NW, it is necessary to modify a state’s
ENVIRONMENTAL PROTECTION Washington, DC. The Public Reading recommendation and intends to
AGENCY Room is open from 8:30 a.m. to 4:30 promulgate a designation different from
p.m., Monday through Friday, excluding a state’s recommendation, the EPA must
40 CFR Part 81 notify the state at least 120 days prior
legal holidays. The telephone number
[EPA–HQ–OAR–2012–0918; FRL–9981–95– for the Public Reading Room is (202) to promulgating the final designation
OAR] 566–1744 and the telephone number for and the EPA must provide the state an
the Air Docket is (202) 566–1742. opportunity to demonstrate why any
Air Quality Designations for the 2012 In addition, the EPA has established proposed modification is inappropriate.
Primary Annual Fine Particle (PM2.5) a website for the rulemakings to initially These modifications may relate either to
National Ambient Air Quality Standard designate areas for the 2012 primary an area’s designation or to its
(NAAQS) for Areas in Florida annual PM2.5 NAAQS at: https:// boundaries.
AGENCY: Environmental Protection www.epa.gov/particle-pollution- On December 18, 2014, the
Agency (EPA). designations. This website includes the Administrator of the EPA signed a final
ACTION: Final rule. EPA’s final PM2.5 designations actions, action promulgating initial designations
as well as state and tribal initial for the 2012 PM2.5 NAAQS for the
SUMMARY: The Environmental Protection recommendation letters, the EPA’s majority of the United States, including
Agency (EPA) is establishing initial air modification letters, technical support areas of Indian country (80 FR 2206 FR;
quality designations for the 2012 documents, responses to comments and January 15, 2015). In that action, the
primary annual fine particle (PM2.5) other related technical information. EPA also deferred initial area
National Ambient Air Quality Standard FOR FURTHER INFORMATION CONTACT: For designations for certain areas where
(NAAQS) for the remaining general questions concerning this available data, including air quality
undesignated areas in the state of action, please contact: Carla Oldham, monitoring data, were insufficient to
Florida. When the EPA designated the U.S. EPA, Office of Air Quality Planning determine whether the area met or did
majority of areas in the country for this and Standards, Air Quality Policy not meet the NAAQS, but where
NAAQS in December 2014 and March Division, C539–04, Research Triangle forthcoming data were likely to result in
2015, the EPA deferred initial area Park, NC 27711, telephone (919) 541– complete and valid air quality data
designations for certain areas, including 3347, email at oldham.carla@epa.gov. sufficient to determine whether these
all of the Florida, because the EPA The Region 4 contact is Madolyn areas meet the NAAQS. Accordingly,
could not determine using available Sanchez, U.S. EPA, Air Regulatory the EPA stated that it would use the
data whether the areas were meeting or Management Section, Air Planning and additional time available as provided
not meeting the NAAQS. In August Implementation Branch, Air, Pesticides under section 107(d)(1)(B) of the CAA to
2016, the EPA designated most of the and Toxics Management Division, 61 assess relevant information and
state of Florida (62 of 67 counties). Forsyth Street SW, Atlanta, Georgia subsequently promulgate initial
sradovich on DSK3GMQ082PROD with RULES
Following the August 2016 designation 30303–8960, telephone (404) 562–9644, designations for the identified areas
action, two areas (five counties) in email at sanchez.madolyn@epa.gov. through a separate rulemaking action or
Florida remained undesignated. The SUPPLEMENTARY INFORMATION: actions. The deferred areas included the
EPA could not determine at that time entire state of Tennessee, except three
whether the areas were meeting or not I. Background counties in the Chattanooga area;
meeting the NAAQS. Florida has now On December 14, 2012, the EPA several areas in the state of Georgia,
submitted complete, quality-assured, promulgated a revised primary annual including two neighboring counties in
VerDate Sep<11>2014 15:49 Aug 08, 2018 Jkt 244001 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 E:\FR\FM\09AUR1.SGM 09AUR1](https://thefederalregister.org/doc/83_FR_39523/page/1.svg)
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G. Executive Order 13175: Consultation K. Executive Order 12898: Federal scope and effect for the purposes of
and Coordination With Indian Tribal Actions To Address Environmental section 307(b)(1) of the CAA. This is
Governments Justice in Minority Populations and particularly appropriate because, in the
Low-Income Populations report on the 1977 Amendments that
This action does not have tribal revised section 307(b)(1) of the CAA,
The EPA believes that this action does
implications. It will neither impose Congress noted that the Administrator’s
not have disproportionately high and
substantial direct compliance costs on adverse human health of environmental determination that an action is of
federally recognized tribal governments, effects on minority populations, low- ‘‘nationwide scope or effect’’ would be
nor preempt tribal law. The CAA income populations and/or indigenous appropriate for any action that has a
provides for states and eligible tribes to peoples, as specified in Executive Order scope or effect beyond a single judicial
develop plans to regulate emissions of 12898 (59 FR 7629, February 16, 1994). circuit. H.R. Rep. No. 95–294 at 323,
air pollutants within their areas, as The documentation for this 324, reprinted in 1977 U.S.C.C.A.N.
necessary, based on the designations. determination is contained in Section III 1402–03. Here, the scope and effect of
The TAR provides tribes the of this preamble, ‘‘Environmental this final action extends to numerous
opportunity to apply for eligibility to Justice Considerations.’’ judicial circuits since the designations
develop and implement CAA programs, apply to areas across the country. In
L. Congressional Review Act (CRA) these circumstances, section 307(b)(1)
such as programs to attain and maintain
the PM2.5 NAAQS, but it leaves to the This action is subject to the CRA, and and its legislative history calls for the
discretion of the tribe the decision of the EPA will submit a rule report to Administrator to find the action to be of
whether to apply to develop these each House of the Congress and to the ‘‘nationwide scope or effect’’ and for
Comptroller General of the U.S. This venue to be in the D.C. Circuit.
programs and which programs, or
action is not a ‘‘major rule’’ as defined Thus, any petitions for review of final
appropriate elements of a program, the
by 5 U.S.C. 804(2). designations must be filed in the Court
tribe will seek to adopt. This rule does
not have a substantial direct effect on M. Judicial Review of Appeals for the District of Columbia
Circuit within 60 days from the date
one or more Indian tribes. Section 307 (b)(1) of the CAA final action is published in the Federal
H. Executive Order 13045: Protection of indicates which Federal Courts of Register.
Appeal have venue for petitions of
Children From Environmental Health List of Subjects in 40 CFR Part 81
review of final actions by the EPA. This
and Safety Risks section provides, in part, that petitions Environmental protection, Air
The EPA interprets Executive Order for review must be filed in the Court of
pollution control, National parks,
13045 as applying to those regulatory Appeals for the District of Columbia
Wilderness areas.
actions that concern environmental Circuit: (i) When the agency action
consists of ‘‘nationally applicable Dated: July 31, 2018.
health or safety risks that the EPA has
regulations promulgated, or final actions Andrew R. Wheeler,
reason to believe may
taken by the Administrator,’’ or (ii) Acting Administrator.
disproportionately affect children, per
when such action is locally or regionally For the reasons set forth in the
the definition of ‘‘covered regulatory applicable, if ‘‘such action is based on
action’’ in section 2–202 of the preamble, 40 CFR part 81 is amended as
a determination of nationwide scope or
Executive Order. This action is not follows:
effect and if in taking such action the
subject to Executive Order 13045 Administrator finds and publishes that PART 81—DESIGNATIONS OF AREAS
because it does not establish an such action is based on such a FOR AIR QUALITY PLANNING
environmental standard intended to determination.’’ PURPOSES
mitigate health or safety risks. This final action, in conjunction with
the previous final actions designating ■ 1. The authority citation for part 81
I. Executive Order 13211: Actions That areas across the U.S. for the 2012
Significantly Affect Energy Supply, continues to read as follows:
primary annual PM2.5 NAAQS, is
Distribution or Use ‘‘nationally applicable’’ within the Authority: 42 U.S.C. 7401, et seq.
This action is not subject to Executive meaning of section 307(b)(1). At the core
Subpart C—Section 107 Attainment
of this final action is the EPA’s
Order 13211, because it is not a Status Designations
interpretations of the definitions of
significant regulatory action under
nonattainment, attainment and ■ 2. Section 81.310 is amended by
Executive Order 12866.
unclassifiable under section 107(d)(1) of revising the table titled, ‘‘Florida—2012
J. National Technology Transfer and the CAA, and its application of those Annual PM2.5 NAAQS (Primary)’’ to
Advancement Act (NTTAA) interpretations to areas across the read as follows:
country. For the same reasons, the
This rulemaking does not involve Administrator is also determining that § 81.310 Florida.
technical standards. the final designations are of nationwide * * * * *
FLORIDA—2012 ANNUAL PM2.5 NAAQS
[Primary]
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Designation Classification
Designated area 1
Date 2 Type Date 2 Type
Statewide:
Alachua County ............................ 9/10/2018 Unclassifiable/Attainment.
Baker County ................................ ........................ Unclassifiable/Attainment.
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![39372 Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Rules and Regulations
FLORIDA—2012 ANNUAL PM2.5 NAAQS—Continued
[Primary]
Designation Classification
Designated area 1
Date 2 Type Date 2 Type
Bay County ................................... ........................ Unclassifiable/Attainment.
Bradford County ............................ ........................ Unclassifiable/Attainment.
Brevard County ............................. ........................ Unclassifiable/Attainment.
Broward County ............................ 9/10/2018 Unclassifiable/Attainment.
Calhoun County ............................ ........................ Unclassifiable/Attainment.
Charlotte County ........................... ........................ Unclassifiable/Attainment.
Citrus County ................................ ........................ Unclassifiable/Attainment.
Clay County .................................. ........................ Unclassifiable/Attainment.
Collier County ............................... ........................ Unclassifiable/Attainment.
Columbia County .......................... ........................ Unclassifiable/Attainment.
DeSoto County ............................. ........................ Unclassifiable/Attainment.
Dixie County ................................. ........................ Unclassifiable/Attainment.
Duval County ................................ ........................ Unclassifiable/Attainment.
Escambia County .......................... ........................ Unclassifiable/Attainment.
Flagler County .............................. ........................ Unclassifiable/Attainment.
Franklin County ............................. ........................ Unclassifiable/Attainment.
Gadsden County ........................... ........................ Unclassifiable/Attainment.
Gilchrist County ............................ 9/10/2018 Unclassifiable/Attainment.
Glades County .............................. ........................ Unclassifiable/Attainment.
Gulf County ................................... ........................ Unclassifiable/Attainment.
Hamilton County ........................... ........................ Unclassifiable/Attainment.
Hardee County .............................. ........................ Unclassifiable/Attainment.
Hendry County .............................. ........................ Unclassifiable/Attainment.
Hernando County .......................... ........................ Unclassifiable/Attainment.
Highlands County ......................... ........................ Unclassifiable/Attainment.
Hillsborough County ..................... ........................ Unclassifiable/Attainment.
Holmes County ............................. ........................ Unclassifiable/Attainment.
Indian River County ...................... ........................ Unclassifiable/Attainment.
Jackson County ............................ ........................ Unclassifiable/Attainment.
Jefferson County ........................... ........................ Unclassifiable/Attainment.
Lafayette County ........................... ........................ Unclassifiable/Attainment.
Lake County .................................. ........................ Unclassifiable/Attainment.
Lee County ................................... ........................ Unclassifiable/Attainment.
Leon County ................................. ........................ Unclassifiable/Attainment.
Levy County .................................. ........................ Unclassifiable/Attainment.
Liberty County ............................... ........................ Unclassifiable/Attainment.
Madison County ............................ ........................ Unclassifiable/Attainment.
Manatee County ........................... ........................ Unclassifiable/Attainment.
Marion County .............................. ........................ Unclassifiable/Attainment.
Martin County ............................... ........................ Unclassifiable/Attainment.
Miami-Dade County ...................... 9/10/2018 Unclassifiable/Attainment.
Monroe County ............................. ........................ Unclassifiable/Attainment.
Nassau County ............................. ........................ Unclassifiable/Attainment.
Okaloosa County .......................... ........................ Unclassifiable/Attainment.
Okeechobee County ..................... ........................ Unclassifiable/Attainment.
Orange County ............................. ........................ Unclassifiable/Attainment.
Osceola County ............................ ........................ Unclassifiable/Attainment.
Palm Beach County ...................... 9/10/2018 Unclassifiable/Attainment.
Pasco County ............................... ........................ Unclassifiable/Attainment.
Pinellas County ............................. ........................ Unclassifiable/Attainment.
Polk County .................................. ........................ Unclassifiable/Attainment.
Putnam County ............................. ........................ Unclassifiable/Attainment.
St. Johns County .......................... ........................ Unclassifiable/Attainment.
St. Lucie County ........................... ........................ Unclassifiable/Attainment.
Santa Rosa County ...................... ........................ Unclassifiable/Attainment.
Sarasota County ........................... ........................ Unclassifiable/Attainment.
Seminole County .......................... ........................ Unclassifiable/Attainment.
Sumter County .............................. ........................ Unclassifiable/Attainment.
Suwanee County .......................... ........................ Unclassifiable/Attainment.
Taylor County ............................... ........................ Unclassifiable/Attainment.
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Union County ................................ ........................ Unclassifiable/Attainment.
Volusia County .............................. ........................ Unclassifiable/Attainment.
Wakulla County ............................. ........................ Unclassifiable/Attainment.
Walton County .............................. ........................ Unclassifiable/Attainment.
Washington County ...................... ........................ Unclassifiable/Attainment.
1 Includes areas of Indian country located in each county or area, except as otherwise specified.
2 This date is October 6, 2016, unless otherwise noted.
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![Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Rules and Regulations 39373
* * * * * Office of Pesticide Programs, disclosed publicly by EPA without prior
[FR Doc. 2018–17080 Filed 8–8–18; 8:45 am] Environmental Protection Agency, 1200 notice. Submit the non-CBI copy of your
BILLING CODE 6560–50–P Pennsylvania Ave. NW, Washington, DC objection or hearing request, identified
20460–0001; main telephone number: by docket ID number EPA–HQ–OPP–
(703) 305–7090; email address: 2017–0315, by one of the following
ENVIRONMENTAL PROTECTION BPPDFRNotices@epa.gov. methods:
AGENCY SUPPLEMENTARY INFORMATION: • Federal eRulemaking Portal: http://
www.regulations.gov. Follow the online
40 CFR Part 180 I. General Information instructions for submitting comments.
[EPA–HQ–OPP–2017–0315; FRL–9980–51] A. Does this action apply to me? Do not submit electronically any
information you consider to be CBI or
Cerevisane (Cell Walls of You may be potentially affected by other information whose disclosure is
Saccharomyces cerevisiae Strain this action if you are an agricultural restricted by statute.
LAS117); Exemption From the producer, food manufacturer, or • Mail: OPP Docket, Environmental
Requirement of a Tolerance pesticide manufacturer. The following Protection Agency Docket Center (EPA/
list of North American Industrial DC), (28221T), 1200 Pennsylvania Ave.
AGENCY: Environmental Protection Classification System (NAICS) codes is NW, Washington, DC 20460–0001.
Agency (EPA). not intended to be exhaustive, but rather • Hand Delivery: To make special
ACTION: Final rule. provides a guide to help readers arrangements for hand delivery or
determine whether this document delivery of boxed information, please
SUMMARY: This regulation establishes an applies to them. Potentially affected follow the instructions at http://
exemption from the requirement of a entities may include: www.epa.gov/dockets/contacts.html.
tolerance for cerevisane (cell walls of • Crop production (NAICS code 111). Additional instructions on commenting
Saccharomyces cerevisiae strain • Animal production (NAICS code or visiting the docket, along with more
LAS117) in or on all food commodities 112). information about dockets generally, is
when used in accordance with label • Food manufacturing (NAICS code
available at http://www.epa.gov/
directions and good agricultural 311).
dockets.
practices. Lesaffre Yeast Corporation • Pesticide manufacturing (NAICS
submitted a petition to EPA under the code 32532). II. Background
Federal Food, Drug, and Cosmetic Act In the Federal Register of March 6,
(FFDCA) requesting an exemption from B. How can I get electronic access to
other related information? 2018 (83 FR 9471) (FRL–9973–27), EPA
the requirement of a tolerance. This issued a document pursuant to FFDCA
regulation eliminates the need to You may access a frequently updated
section 408(d)(3), 21 U.S.C. 346a(d)(3),
establish a maximum permissible level electronic version of 40 CFR part 180
announcing the filing of a pesticide
for residues of cerevisane (cell walls of through the Government Printing
tolerance petition (PP 6F8535) by
Saccharomyces cerevisiae strain Office’s e-CFR site at http://
Technology Sciences Group Inc., 712
LAS117) under FFDCA. www.ecfr.gov/cgi-bin/text-idx?&c=
Fifth Street, Suite A, Davis, CA 95616
DATES: This regulation is effective ecfr&tpl=/ecfrbrowse/Title40/40tab_
(on behalf of Lesaffre Yeast Corporation,
August 9, 2018. Objections and requests 02.tpl.
7475 W Main St., Milwaukee, WI
for hearings must be received on or C. How can I file an objection or hearing 53214). The petition requested that 40
before October 9, 2018, and must be request? CFR 180 be amended by establishing an
filed in accordance with the instructions exemption from the requirement of a
provided in 40 CFR part 178 (see also Under FFDCA section 408(g), 21
U.S.C. 346a(g), any person may file an tolerance for residues of the systemic
Unit I.C. of the SUPPLEMENTARY resistance inducer (SRI) cerevisane (cell
INFORMATION).
objection to any aspect of this regulation
and may also request a hearing on those walls of Saccharomyces cerevisiae
ADDRESSES: The docket for this action, objections. You must file your objection strain LAS117) in or on all food
identified by docket identification (ID) or request a hearing on this regulation commodities. That document referenced
number EPA–HQ–OPP–2017–0315, is in accordance with the instructions a summary of the petition prepared by
available at http://www.regulations.gov provided in 40 CFR part 178. To ensure the petitioner, Technology Sciences
or at the Office of Pesticide Programs proper receipt by EPA, you must Group Inc., (on behalf of Lesaffre Yeast
Regulatory Public Docket (OPP Docket) identify docket ID number EPA–HQ– Corporation), which is available in the
in the Environmental Protection Agency OPP–2017–0315 in the subject line on docket via http://www.regulations.gov.
Docket Center (EPA/DC), West William the first page of your submission. All There were no relevant comments
Jefferson Clinton Bldg., Rm. 3334, 1301 objections and requests for a hearing received in response to the notice of
Constitution Ave. NW, Washington, DC must be in writing, and must be filing.
20460–0001. The Public Reading Room received by the Hearing Clerk on or III. Final Rule
is open from 8:30 a.m. to 4:30 p.m., before October 9, 2018. Addresses for
Monday through Friday, excluding legal mail and hand delivery of objections A. EPA’s Safety Determination
holidays. The telephone number for the and hearing requests are provided in 40 Section 408(c)(2)(A)(i) of FFDCA
Public Reading Room is (202) 566–1744, CFR 178.25(b). allows EPA to establish an exemption
and the telephone number for the OPP In addition to filing an objection or from the requirement for a tolerance (the
sradovich on DSK3GMQ082PROD with RULES
Docket is (703) 305–5805. Please review hearing request with the Hearing Clerk legal limit for a pesticide chemical
the visitor instructions and additional as described in 40 CFR part 178, please residue in or on a food) only if EPA
information about the docket available submit a copy of the filing (excluding determines that the exemption is ‘‘safe.’’
at http://www.epa.gov/dockets. any Confidential Business Information Section 408(c)(2)(A)(ii) of FFDCA
FOR FURTHER INFORMATION CONTACT: (CBI)) for inclusion in the public docket. defines ‘‘safe’’ to mean that ‘‘there is a
Robert McNally, Biopesticides and Information not marked confidential reasonable certainty that no harm will
Pollution Prevention Division (7511P), pursuant to 40 CFR part 2 may be result from aggregate exposure to the
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Document Created: 2018-08-09 01:11:39
Document Modified: 2018-08-09 01:11:39
| 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 final rule is effective on September 10, 2018. | |
| Contact | For general questions concerning this action, please contact: Carla Oldham, U.S. EPA, Office of Air Quality Planning and Standards, Air Quality Policy Division, C539-04, Research Triangle Park, NC 27711, telephone (919) 541-3347, email at [email protected] The Region 4 contact is Madolyn Sanchez, U.S. EPA, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960, telephone (404) 562-9644, email at [email protected] | |
| FR Citation | 83 FR 39369 | |
| CFR Associated | Environmental Protection; Air Pollution Control; National Parks and Wilderness Areas |
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