83_FR_46012 83 FR 45836 - Air Plan Approval and Air Quality Designation; Florida: Redesignation of the Hillsborough County Lead Nonattainment Area to Attainment

83 FR 45836 - Air Plan Approval and Air Quality Designation; Florida: Redesignation of the Hillsborough County Lead Nonattainment Area to Attainment

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 176 (September 11, 2018)

Page Range45836-45838
FR Document2018-19596

On March 26, 2018, the State of Florida, through the Florida Department of Environmental Protection, submitted a request for the Environmental Protection Agency (EPA) to redesignate the Hillsborough County lead Nonattainment Area (``Hillsborough Area'' or ``Area'') to attainment for the 2008 lead National Ambient Air Quality Standards (NAAQS) and to approve an accompanying State Implementation Plan (SIP) revision containing a maintenance plan for the Area. The Hillsborough Area is comprised of a 1.5 kilometer (km) radius in Tampa, Florida, surrounding the Envirofocus Technologies, LLC facility (Envirofocus). EPA is taking final action to determine that the Hillsborough Area is attaining the 2008 lead NAAQS; to approve the SIP revision containing the State's maintenance plan for maintaining attainment of the 2008 lead standard and to incorporate the maintenance plan into the SIP; and to redesignate the Hillsborough Area to attainment for the 2008 lead NAAQS.

Federal Register, Volume 83 Issue 176 (Tuesday, September 11, 2018)
[Federal Register Volume 83, Number 176 (Tuesday, September 11, 2018)]
[Rules and Regulations]
[Pages 45836-45838]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19596]



[[Page 45836]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R04-OAR-2018-0182; FRL-9983-44-Region 4]


Air Plan Approval and Air Quality Designation; Florida: 
Redesignation of the Hillsborough County Lead Nonattainment Area to 
Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: On March 26, 2018, the State of Florida, through the Florida 
Department of Environmental Protection, submitted a request for the 
Environmental Protection Agency (EPA) to redesignate the Hillsborough 
County lead Nonattainment Area (``Hillsborough Area'' or ``Area'') to 
attainment for the 2008 lead National Ambient Air Quality Standards 
(NAAQS) and to approve an accompanying State Implementation Plan (SIP) 
revision containing a maintenance plan for the Area. The Hillsborough 
Area is comprised of a 1.5 kilometer (km) radius in Tampa, Florida, 
surrounding the Envirofocus Technologies, LLC facility (Envirofocus). 
EPA is taking final action to determine that the Hillsborough Area is 
attaining the 2008 lead NAAQS; to approve the SIP revision containing 
the State's maintenance plan for maintaining attainment of the 2008 
lead standard and to incorporate the maintenance plan into the SIP; and 
to redesignate the Hillsborough Area to attainment for the 2008 lead 
NAAQS.

DATES: This rule is effective October 11, 2018.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2018-0182. All documents in the docket 
are listed on the www.regulations.gov website. Although listed in the 
index, some information may not be publicly available, i.e., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Air Regulatory Management Section, Air Planning and 
Implementation Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, 
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Andres Febres, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 
30303-8960. Mr. Febres can be reached by phone at (404) 562-8966 or via 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On November 12, 2008 (73 FR 66964), EPA promulgated a revised 
primary and secondary lead NAAQS of 0.15 micrograms per cubic meter 
([micro]g/m\3\). Under EPA's regulations at 40 CFR part 50, the 2008 
lead NAAQS are met when the maximum arithmetic 3-month mean 
concentration for a 3-year period, as determined in accordance with 
appendix R of 40 CFR part 50, is less than or equal to 0.15 [micro]g/
m\3\. See 40 CFR 50.16. Ambient air quality monitoring data for the 3-
year period must meet a data completeness requirement.
    EPA designated the Hillsborough Area as a nonattainment area for 
the 2008 lead NAAQS on November 22, 2010 (75 FR 71033), effective 
December 31, 2010, using 2007-2009 ambient air quality data. On March 
26, 2018, Florida submitted a request for EPA to redesignate the 
Hillsborough Area to attainment for the 2008 lead NAAQS and submitted 
an associated SIP revision containing a maintenance plan for the Area. 
In a notice of proposed rulemaking (NPRM), published June 19, 2018 (83 
FR 28402), EPA proposed to determine that the Hillsborough Area is 
attaining the 2008 lead NAAQS, based on complete, quality-assured, and 
certified ambient monitoring data for the 2014-2016 time period and 
continues to attain based on complete, quality-assured, and certified 
ambient monitoring data for the 2015-2017 time period; proposed to 
approve the SIP revision containing the State's maintenance plan for 
maintaining attainment of the 2008 lead standard; and proposed to 
redesignate the Hillsborough Area to attainment for the 2008 lead 
NAAQS.\1\ The details of Florida's SIP revision and redesignation 
request, as well as the rationale for EPA's actions, are further 
explained in the NPRM. Comments on the proposed rulemaking were due on 
or before July 19, 2018. EPA did not receive any adverse comments on 
the proposed actions.
---------------------------------------------------------------------------

    \1\ As mentioned in the NPRM, at the time of Florida's 
redesignation request, 2014-2016 data was the most recent quality-
assured, complete, and certified data. When EPA took preliminary 
action to approve, 2015-2017 quality-assured, complete, and 
certified data was available, which continued to show that the Area 
is attaining the standard. In addition, preliminary 2018 data also 
indicates that the Area continues to attain the standard.
---------------------------------------------------------------------------

II. What are the effects of these actions?

    Approval of Florida's redesignation request changes the legal 
designation of the portion of Hillsborough County, Florida, that is 
designated as nonattainment, found at 40 CFR 81.310, from nonattainment 
to attainment for the 2008 lead NAAQS. Approval of Florida's associated 
SIP revision also incorporates a plan into the SIP for maintaining the 
2008 lead NAAQS in the Hillsborough Area through 2029.

III. Final Action

    EPA is taking three separate but related final actions regarding 
Florida's March 26, 2018, redesignation request and associated SIP 
revision for the Hillsborough Area.
    First, EPA is determining that the Area attained the 2008 lead 
NAAQS based on complete, quality-assured, and certified ambient 
monitoring data for the 2014-2016 period and that the Area continues to 
attain the standard based on complete, quality-assured, and certified 
ambient monitoring data for the 2015-2017 period.
    Second, EPA is approving the maintenance plan for the Area and 
incorporating it into the Florida SIP. As described in the NPRM, the 
maintenance plan demonstrates that the Area will continue to maintain 
the 2008 lead NAAQS through 2029.
    Third, EPA is approving Florida's request for redesignation of the 
Area from nonattainment to attainment for the 2008 lead NAAQS. This 
final rule approves the redesignation request for the Hillsborough Area 
and changes the official designation of the portion of Hillsborough 
County, Florida, bounded by a 1.5 km radius centered at UTM coordinates 
364104 meters East, 3093830 meters North, Zone 17, which surrounds 
Envirofocus, as found at 40 CFR part 81, from nonattainment to 
attainment for the 2008 lead NAAQS.

IV. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the

[[Page 45837]]

accompanying approval of a maintenance plan under section 107(d)(3)(E) 
are actions that affect the status of a geographical area and do not 
impose any additional regulatory requirements on sources beyond those 
imposed by state law. A redesignation to attainment does not in and of 
itself create any new requirements, but rather results in the 
applicability of requirements contained in the CAA for areas that have 
been redesignated to attainment. Moreover, the Administrator is 
required to approve a SIP submission that complies with the provisions 
of the Act and applicable Federal regulations. See 42 U.S.C. 7410(k); 
40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to 
approve state choices, provided that they meet the criteria of the CAA. 
Accordingly, these actions merely approve state law as meeting Federal 
requirements and do not impose additional requirements beyond those 
imposed by state law. For this reason, these actions:
     Are not significant regulatory actions subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Are not Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory actions because SIP approvals and redesignations are 
exempted under Executive Order 12866;
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Do not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not significant regulatory actions subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Will not have disproportionate human health or 
environmental effects under Executive Order 12898 (59 FR 7629, February 
16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. These actions are not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 13, 2018. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Lead, Reporting and 
recordkeeping requirements.

40 CFR Part 81

    Environmental protection, Air pollution control.

    Dated: August 28, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.

    40 CFR parts 52 and 81 are amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42. U.S.C. 7401 et seq.

Subpart K--Florida

0
2. Section 52.520(e), is amended by adding an entry for ``2008 Lead 
NAAQS Maintenance Plan for the Hillsborough Area'' at the end of the 
table to read as follows:


Sec.  52.520   Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Florida Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                       State       EPA approval     Federal Register
            Provision             effective date       date              notice                Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
2008 Lead NAAQS Maintenance Plan       3/26/2018       9/11/2018  [Insert Federal       ........................
 for the Hillsborough Area.                                        Register citation].
----------------------------------------------------------------------------------------------------------------


[[Page 45838]]

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

0
4. In Sec.  81.310, the table entitled ``Florida--2008 Lead NAAQS'' is 
amended under ``Tampa, FL'' by revising the entry for ``Hillsborough 
County (part)'' to read as follows:


Sec.  81.310  Florida.

* * * * *

                        Florida--2008 Lead NAAQS
------------------------------------------------------------------------
                                      Designation for the 2008 NAAQS a
         Designated area          --------------------------------------
                                        Date 1              Type
------------------------------------------------------------------------
Tampa, FL:
    Hillsborough County (part)...
        Area is located within a        9/11/2018   Attainment.
         1.5 km radius centered
         at UTM coordinates
         364104 meters E, 3093830
         meters N, Zone 17, which
         surrounds the
         EnviroFocus Technologies
         facility.
 
                              * * * * * * *
------------------------------------------------------------------------
a Includes Indian Country located in each county or area, except as
  otherwise specified.
\1\ December 31, 2011 unless otherwise noted.


[FR Doc. 2018-19596 Filed 9-10-18; 8:45 am]
 BILLING CODE 6560-50-P



                                             45836            Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Rules and Regulations

                                             ENVIRONMENTAL PROTECTION                                Georgia 30303–8960. EPA requests that                 Florida’s SIP revision and redesignation
                                             AGENCY                                                  if at all possible, you contact the person            request, as well as the rationale for
                                                                                                     listed in the FOR FURTHER INFORMATION                 EPA’s actions, are further explained in
                                             40 CFR Parts 52 and 81                                  CONTACT section to schedule your                      the NPRM. Comments on the proposed
                                             [EPA–R04–OAR–2018–0182; FRL–9983–44–                    inspection. The Regional Office’s                     rulemaking were due on or before July
                                             Region 4]                                               official hours of business are Monday                 19, 2018. EPA did not receive any
                                                                                                     through Friday 8:30 a.m. to 4:30 p.m.,                adverse comments on the proposed
                                             Air Plan Approval and Air Quality                       excluding Federal holidays.                           actions.
                                             Designation; Florida: Redesignation of                  FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                           II. What are the effects of these actions?
                                             the Hillsborough County Lead                            Andres Febres, Air Regulatory
                                             Nonattainment Area to Attainment                        Management Section, Air Planning and                     Approval of Florida’s redesignation
                                                                                                     Implementation Branch, Air, Pesticides                request changes the legal designation of
                                             AGENCY:  Environmental Protection                                                                             the portion of Hillsborough County,
                                             Agency (EPA).                                           and Toxics Management Division, U.S.
                                                                                                     Environmental Protection Agency,                      Florida, that is designated as
                                             ACTION: Final rule.                                                                                           nonattainment, found at 40 CFR 81.310,
                                                                                                     Region 4, 61 Forsyth Street SW, Atlanta,
                                             SUMMARY:   On March 26, 2018, the State                 Georgia 30303–8960. Mr. Febres can be                 from nonattainment to attainment for
                                             of Florida, through the Florida                         reached by phone at (404) 562–8966 or                 the 2008 lead NAAQS. Approval of
                                             Department of Environmental                             via electronic mail at febres-                        Florida’s associated SIP revision also
                                             Protection, submitted a request for the                 martinez.andres@epa.gov.                              incorporates a plan into the SIP for
                                             Environmental Protection Agency (EPA)                   SUPPLEMENTARY INFORMATION:                            maintaining the 2008 lead NAAQS in
                                             to redesignate the Hillsborough County                                                                        the Hillsborough Area through 2029.
                                                                                                     I. Background
                                             lead Nonattainment Area                                                                                       III. Final Action
                                             (‘‘Hillsborough Area’’ or ‘‘Area’’) to                     On November 12, 2008 (73 FR 66964),
                                                                                                     EPA promulgated a revised primary and                    EPA is taking three separate but
                                             attainment for the 2008 lead National
                                                                                                     secondary lead NAAQS of 0.15                          related final actions regarding Florida’s
                                             Ambient Air Quality Standards
                                                                                                     micrograms per cubic meter (mg/m3).                   March 26, 2018, redesignation request
                                             (NAAQS) and to approve an
                                                                                                     Under EPA’s regulations at 40 CFR part                and associated SIP revision for the
                                             accompanying State Implementation
                                             Plan (SIP) revision containing a                        50, the 2008 lead NAAQS are met when                  Hillsborough Area.
                                                                                                     the maximum arithmetic 3-month mean                      First, EPA is determining that the
                                             maintenance plan for the Area. The
                                                                                                     concentration for a 3-year period, as                 Area attained the 2008 lead NAAQS
                                             Hillsborough Area is comprised of a 1.5
                                                                                                     determined in accordance with                         based on complete, quality-assured, and
                                             kilometer (km) radius in Tampa,
                                                                                                     appendix R of 40 CFR part 50, is less                 certified ambient monitoring data for
                                             Florida, surrounding the Envirofocus
                                                                                                     than or equal to 0.15 mg/m3. See 40 CFR               the 2014–2016 period and that the Area
                                             Technologies, LLC facility
                                                                                                     50.16. Ambient air quality monitoring                 continues to attain the standard based
                                             (Envirofocus). EPA is taking final action
                                                                                                     data for the 3-year period must meet a                on complete, quality-assured, and
                                             to determine that the Hillsborough Area
                                             is attaining the 2008 lead NAAQS; to                    data completeness requirement.                        certified ambient monitoring data for
                                             approve the SIP revision containing the                    EPA designated the Hillsborough Area               the 2015–2017 period.
                                                                                                     as a nonattainment area for the 2008                     Second, EPA is approving the
                                             State’s maintenance plan for
                                                                                                     lead NAAQS on November 22, 2010 (75                   maintenance plan for the Area and
                                             maintaining attainment of the 2008 lead
                                                                                                     FR 71033), effective December 31, 2010,               incorporating it into the Florida SIP. As
                                             standard and to incorporate the
                                                                                                     using 2007–2009 ambient air quality                   described in the NPRM, the
                                             maintenance plan into the SIP; and to
                                                                                                     data. On March 26, 2018, Florida                      maintenance plan demonstrates that the
                                             redesignate the Hillsborough Area to
                                                                                                     submitted a request for EPA to                        Area will continue to maintain the 2008
                                             attainment for the 2008 lead NAAQS.
                                                                                                     redesignate the Hillsborough Area to                  lead NAAQS through 2029.
                                             DATES: This rule is effective October 11,                                                                        Third, EPA is approving Florida’s
                                             2018.                                                   attainment for the 2008 lead NAAQS
                                                                                                     and submitted an associated SIP                       request for redesignation of the Area
                                             ADDRESSES: EPA has established a                                                                              from nonattainment to attainment for
                                                                                                     revision containing a maintenance plan
                                             docket for this action under Docket                                                                           the 2008 lead NAAQS. This final rule
                                                                                                     for the Area. In a notice of proposed
                                             Identification No. EPA–R04–OAR–                                                                               approves the redesignation request for
                                                                                                     rulemaking (NPRM), published June 19,
                                             2018–0182. All documents in the docket                                                                        the Hillsborough Area and changes the
                                                                                                     2018 (83 FR 28402), EPA proposed to
                                             are listed on the www.regulations.gov                                                                         official designation of the portion of
                                                                                                     determine that the Hillsborough Area is
                                             website. Although listed in the index,                                                                        Hillsborough County, Florida, bounded
                                                                                                     attaining the 2008 lead NAAQS, based
                                             some information may not be publicly                                                                          by a 1.5 km radius centered at UTM
                                                                                                     on complete, quality-assured, and
                                             available, i.e., Confidential Business                                                                        coordinates 364104 meters East,
                                                                                                     certified ambient monitoring data for
                                             Information or other information whose                                                                        3093830 meters North, Zone 17, which
                                                                                                     the 2014–2016 time period and
                                             disclosure is restricted by statute.                                                                          surrounds Envirofocus, as found at 40
                                                                                                     continues to attain based on complete,
                                             Certain other material, such as                                                                               CFR part 81, from nonattainment to
                                                                                                     quality-assured, and certified ambient
                                             copyrighted material, is not placed on                                                                        attainment for the 2008 lead NAAQS.
                                                                                                     monitoring data for the 2015–2017 time
                                             the internet and will be publicly
                                                                                                     period; proposed to approve the SIP                   IV. Statutory and Executive Order
                                             available only in hard copy form.
                                                                                                     revision containing the State’s                       Reviews
                                             Publicly available docket materials are
                                                                                                     maintenance plan for maintaining
                                             available either electronically through                                                                         Under the CAA, redesignation of an
                                                                                                     attainment of the 2008 lead standard;
                                             www.regulations.gov or in hard copy at
daltland on DSKBBV9HB2PROD with RULES




                                                                                                                                                           area to attainment and the
                                                                                                     and proposed to redesignate the
                                             the Air Regulatory Management Section,
                                                                                                     Hillsborough Area to attainment for the
                                             Air Planning and Implementation                                                                               certified data. When EPA took preliminary action
                                                                                                     2008 lead NAAQS.1 The details of                      to approve, 2015–2017 quality-assured, complete,
                                             Branch, Air, Pesticides and Toxics
                                                                                                                                                           and certified data was available, which continued
                                             Management Division, U.S.                                 1 As mentioned in the NPRM, at the time of          to show that the Area is attaining the standard. In
                                             Environmental Protection Agency,                        Florida’s redesignation request, 2014–2016 data was   addition, preliminary 2018 data also indicates that
                                             Region 4, 61 Forsyth Street SW, Atlanta,                the most recent quality-assured, complete, and        the Area continues to attain the standard.



                                        VerDate Sep<11>2014   16:11 Sep 10, 2018   Jkt 244001   PO 00000   Frm 00026   Fmt 4700   Sfmt 4700   E:\FR\FM\11SER1.SGM   11SER1


                                                              Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Rules and Regulations                                                      45837

                                             accompanying approval of a                              Order 13132 (64 FR 43255, August 10,                       Court of Appeals for the appropriate
                                             maintenance plan under section                          1999);                                                     circuit by November 13, 2018. Filing a
                                             107(d)(3)(E) are actions that affect the                   • Are not economically significant                      petition for reconsideration by the
                                             status of a geographical area and do not                regulatory actions based on health or                      Administrator of this final rule does not
                                             impose any additional regulatory                        safety risks subject to Executive Order                    affect the finality of this action for the
                                             requirements on sources beyond those                    13045 (62 FR 19885, April 23, 1997);                       purposes of judicial review nor does it
                                             imposed by state law. A redesignation to                   • Are not significant regulatory                        extend the time within which a petition
                                             attainment does not in and of itself                    actions subject to Executive Order                         for judicial review may be filed, and
                                             create any new requirements, but rather                 13211 (66 FR 28355, May 22, 2001);                         shall not postpone the effectiveness of
                                             results in the applicability of                            • Are not subject to requirements of                    such rule or action. This action may not
                                             requirements contained in the CAA for                   Section 12(d) of the National                              be challenged later in proceedings to
                                             areas that have been redesignated to                    Technology Transfer and Advancement                        enforce its requirements. See section
                                             attainment. Moreover, the Administrator                 Act of 1995 (15 U.S.C. 272 note) because                   307(b)(2).
                                             is required to approve a SIP submission                 application of those requirements would
                                             that complies with the provisions of the                be inconsistent with the CAA; and                          List of Subjects
                                             Act and applicable Federal regulations.                    • Will not have disproportionate                        40 CFR Part 52
                                             See 42 U.S.C. 7410(k); 40 CFR 52.02(a).                 human health or environmental effects
                                             Thus, in reviewing SIP submissions,                     under Executive Order 12898 (59 FR                           Environmental protection, Air
                                             EPA’s role is to approve state choices,                 7629, February 16, 1994).                                  pollution control, Incorporation by
                                             provided that they meet the criteria of                    The SIP is not approved to apply on                     reference, Intergovernmental relations,
                                             the CAA. Accordingly, these actions                     any Indian reservation land or in any                      Lead, Reporting and recordkeeping
                                             merely approve state law as meeting                     other area where EPA or an Indian tribe                    requirements.
                                             Federal requirements and do not impose                  has demonstrated that a tribe has
                                                                                                     jurisdiction. In those areas of Indian                     40 CFR Part 81
                                             additional requirements beyond those
                                             imposed by state law. For this reason,                  country, the rule does not have tribal                       Environmental protection, Air
                                             these actions:                                          implications as specified by Executive                     pollution control.
                                                • Are not significant regulatory                     Order 13175 (65 FR 67249, November 9,
                                                                                                     2000), nor will it impose substantial                        Dated: August 28, 2018.
                                             actions subject to review by the Office
                                             of Management and Budget under                          direct costs on tribal governments or                      Onis ‘‘Trey’’ Glenn, III,
                                             Executive Orders 12866 (58 FR 51735,                    preempt tribal law.                                        Regional Administrator, Region 4.
                                             October 4, 1993) and 13563 (76 FR 3821,                    The Congressional Review Act, 5
                                                                                                     U.S.C. 801 et seq., as added by the Small                    40 CFR parts 52 and 81 are amended
                                             January 21, 2011);                                                                                                 as follows:
                                                • Are not Executive Order 13771 (82                  Business Regulatory Enforcement
                                             FR 9339, February 2, 2017) regulatory                   Fairness Act of 1996, generally provides
                                                                                                     that before a rule may take effect, the                    PART 52—APPROVAL AND
                                             actions because SIP approvals and                                                                                  PROMULGATION OF
                                             redesignations are exempted under                       agency promulgating the rule must
                                                                                                     submit a rule report, which includes a                     IMPLEMENTATION PLANS
                                             Executive Order 12866;
                                                • Do not impose an information                       copy of the rule, to each House of the
                                                                                                     Congress and to the Comptroller General                    ■ 1. The authority citation for part 52
                                             collection burden under the provisions
                                                                                                     of the United States. EPA will submit a                    continues to read as follows:
                                             of the Paperwork Reduction Act (44
                                             U.S.C. 3501 et seq.);                                   report containing this action and other                        Authority: 42. U.S.C. 7401 et seq.
                                                • Are certified as not having a                      required information to the U.S. Senate,
                                             significant economic impact on a                        the U.S. House of Representatives, and                     Subpart K—Florida
                                             substantial number of small entities                    the Comptroller General of the United
                                             under the Regulatory Flexibility Act (5                 States prior to publication of the rule in                 ■ 2. Section 52.520(e), is amended by
                                             U.S.C. 601 et seq.);                                    the Federal Register. A major rule                         adding an entry for ‘‘2008 Lead NAAQS
                                                • Do not contain any unfunded                        cannot take effect until 60 days after it                  Maintenance Plan for the Hillsborough
                                             mandate or significantly or uniquely                    is published in the Federal Register.                      Area’’ at the end of the table to read as
                                             affect small governments, as described                  These actions are not a ‘‘major rule’’ as                  follows:
                                             in the Unfunded Mandates Reform Act                     defined by 5 U.S.C. 804(2).
                                                                                                                                                                § 52.520    Identification of plan.
                                             of 1995 (Pub. L. 104–4);                                   Under section 307(b)(1) of the CAA,
                                                • Do not have Federalism                             petitions for judicial review of this                      *       *    *        *      *
                                             implications as specified in Executive                  action must be filed in the United States                      (e) * * *

                                                                                         EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS
                                                                                                                                      State effective         EPA approval      Federal Reg-
                                                                                   Provision                                                                                                      Explanation
                                                                                                                                           date                  date            ister notice


                                                     *                *                     *                       *                                     *                       *                      *
                                             2008 Lead NAAQS Maintenance Plan for the Hillsborough Area .................                     3/26/2018             9/11/2018   [Insert Fed-
                                                                                                                                                                                   eral Reg-
                                                                                                                                                                                   ister cita-
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                                                                                                                                                                                   tion].




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                                             45838             Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Rules and Regulations

                                             PART 81—DESIGNATION OF AREAS                                  Authority: 42 U.S.C. 7401 et seq.                   revising the entry for ‘‘Hillsborough
                                             FOR AIR QUALITY PLANNING                                  ■  4. In § 81.310, the table entitled                   County (part)’’ to read as follows:
                                             PURPOSES                                                  ‘‘Florida—2008 Lead NAAQS’’ is                          § 81.310     Florida.
                                             ■ 3. The authority citation for part 81                   amended under ‘‘Tampa, FL’’ by
                                                                                                                                                               *        *     *        *       *
                                             continues to read as follows:

                                                                                                               FLORIDA—2008 LEAD NAAQS
                                                                                                                                                                                      Designation for the 2008
                                                                                                                                                                                             NAAQS a
                                                                                                     Designated area
                                                                                                                                                                                           Date 1          Type

                                             Tampa, FL:
                                                Hillsborough County (part).
                                                     Area is located within a 1.5 km radius centered at UTM coordinates 364104 meters E, 3093830 meters                               9/11/2018     Attainment.
                                                       N, Zone 17, which surrounds the EnviroFocus Technologies facility.

                                                        *                        *                         *                      *                       *                       *                    *
                                                 a Includes   Indian Country located in each county or area, except as otherwise specified.
                                                 1 December     31, 2011 unless otherwise noted.


                                             [FR Doc. 2018–19596 Filed 9–10–18; 8:45 am]               must be filed in accordance with the                    applies to them. Potentially affected
                                             BILLING CODE 6560–50–P                                    instructions provided in 40 CFR part                    entities may include:
                                                                                                       178 (see also Unit I.C. of the                            • Crop production (NAICS code 111).
                                                                                                       SUPPLEMENTARY INFORMATION).                               • Animal production (NAICS code
                                             ENVIRONMENTAL PROTECTION                                  ADDRESSES: The docket for this action,                  112).
                                             AGENCY                                                                                                              • Food manufacturing (NAICS code
                                                                                                       identified by docket identification (ID)
                                                                                                                                                               311).
                                                                                                       number EPA–HQ–OPP–2018–0263, is
                                             40 CFR Part 180                                                                                                     • Pesticide manufacturing (NAICS
                                                                                                       available at http://www.regulations.gov                 code 32532).
                                             [EPA–HQ–OPP–2018–0263; FRL–9982–72]                       or at the Office of Pesticide Programs
                                                                                                       Regulatory Public Docket (OPP Docket)                   B. How can I get electronic access to
                                             2-Propenoic Acid, 2-methyl-, 2-                           in the Environmental Protection Agency                  other related information?
                                             oxiranylmethyl ester, polymer With                        Docket Center (EPA/DC), West William                      You may access a frequently updated
                                             butyl 2-propenoate, ethenylbenzene                        Jefferson Clinton Bldg., Rm. 3334, 1301                 electronic version of 40 CFR part 180
                                             and 2-ethylhexyl 2-propenoate;                            Constitution Ave. NW, Washington, DC                    through the Government Printing
                                             Tolerance Exemption                                       20460–0001. The Public Reading Room                     Office’s e-CFR site at http://
                                             AGENCY:  Environmental Protection                         is open from 8:30 a.m. to 4:30 p.m.,                    www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&
                                             Agency (EPA).                                             Monday through Friday, excluding legal                  tpl=/ecfrbrowse/Title40/40tab_02.tpl.
                                                                                                       holidays. The telephone number for the
                                             ACTION: Final rule.                                       Public Reading Room is (202) 566–1744,                  C. Can I file an objection or hearing
                                                                                                       and the telephone number for the OPP                    request?
                                             SUMMARY:   This regulation establishes an
                                             exemption from the requirement of a                       Docket is (703) 305–5805. Please review                   Under FFDCA section 408(g), 21
                                             tolerance for residues of 2-propenoic                     the visitor instructions and additional                 U.S.C. 346a, any person may file an
                                             acid, 2-methyl-, 2-oxiranylmethyl ester,                  information about the docket available                  objection to any aspect of this regulation
                                             polymer with butyl 2-propenoate,                          at http://www.epa.gov/dockets.                          and may also request a hearing on those
                                             ethenylbenzene and 2-ethylhexyl 2-                        FOR FURTHER INFORMATION CONTACT:                        objections. You must file your objection
                                             propenoate; when used as an inert                         Michael Goodis, Director, Registration                  or request a hearing on this regulation
                                                                                                       Division (7505P), Office of Pesticide                   in accordance with the instructions
                                             ingredient in a pesticide chemical
                                                                                                       Programs, Environmental Protection                      provided in 40 CFR part 178. To ensure
                                             formulation. Spring Trading Company
                                                                                                       Agency, 1200 Pennsylvania Ave. NW,                      proper receipt by EPA, you must
                                             on behalf of BASF Corporation
                                                                                                       Washington, DC 20460–0001; main                         identify docket ID number EPA–HQ–
                                             submitted a petition to EPA under the
                                                                                                       telephone number: (703) 305–7090;                       OPP–2018–0263 in the subject line on
                                             Federal Food, Drug, and Cosmetic Act
                                                                                                       email address: RDFRNotices@epa.gov.                     the first page of your submission. All
                                             (FFDCA), requesting an exemption from
                                                                                                                                                               objections and requests for a hearing
                                             the requirement of a tolerance. This                      SUPPLEMENTARY INFORMATION:
                                                                                                                                                               must be in writing, and must be
                                             regulation eliminates the need to
                                                                                                       I. General Information                                  received by the Hearing Clerk on or
                                             establish a maximum permissible level
                                                                                                                                                               before November 13, 2018. Addresses
                                             for residues of 2-propenoic acid, 2-                      A. Does this action apply to me?
                                                                                                                                                               for mail and hand delivery of objections
                                             methyl-, 2-oxiranylmethyl ester,                             You may be potentially affected by                   and hearing requests are provided in 40
                                             polymer with butyl 2-propenoate,                          this action if you are an agricultural                  CFR 178.25(b).
                                             ethenylbenzene and 2-ethylhexyl 2-                        producer, food manufacturer, or                           In addition to filing an objection or
daltland on DSKBBV9HB2PROD with RULES




                                             propenoate on food or feed                                pesticide manufacturer. The following                   hearing request with the Hearing Clerk
                                             commodities.                                              list of North American Industrial                       as described in 40 CFR part 178, please
                                             DATES: This regulation is effective                       Classification System (NAICS) codes is                  submit a copy of the filing (excluding
                                             September 11, 2018. Objections and                        not intended to be exhaustive, but rather               any Confidential Business Information
                                             requests for hearings must be received                    provides a guide to help readers                        (CBI)) for inclusion in the public docket.
                                             on or before November 13, 2018, and                       determine whether this document                         Information not marked confidential


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Document Created: 2018-09-11 01:02:43
Document Modified: 2018-09-11 01:02:43
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective October 11, 2018.
ContactAndres Febres, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. Mr. Febres can be reached by phone at (404) 562-8966 or via electronic mail at [email protected]
FR Citation83 FR 45836 
CFR Citation40 CFR 52
40 CFR 81
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Lead and Reporting and Recordkeeping Requirements

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