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

1As 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. 

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 febresmartinez.andres@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On November 12, 2008 (73 FR 66964), 

EPA promulgated a revised primary and 

secondary lead NAAQS of 0.15 

micrograms per cubic meter (mg/m3). 

Under EPA’s regulations at 40 CFR part 

50, the 2008 lead NAAQS are met when 

the maximum arithmetic 3-month mean 

concentration for a 3-year period, as 

determined in accordance with 

appendix R of 40 CFR part 50, is less 

than or equal to 0.15 mg/m3. See 40 CFR 

50.16. Ambient air quality monitoring 

data for the 3-year period must meet a 

data completeness requirement. 

EPA designated the Hillsborough Area 

as a nonattainment area for the 2008 

lead NAAQS on November 22, 2010 (75 

FR 71033), effective December 31, 2010, 

using 2007–2009 ambient air quality 

data. On March 26, 2018, Florida 

submitted a request for EPA to 

redesignate the Hillsborough Area to 

attainment for the 2008 lead NAAQS 

and submitted an associated SIP 

revision containing a maintenance plan 

for the Area. In a notice of proposed 

rulemaking (NPRM), published June 19, 

2018 (83 FR 28402), EPA proposed to 

determine that the Hillsborough Area is 

attaining the 2008 lead NAAQS, based 

on complete, quality-assured, and 

certified ambient monitoring data for 

the 2014–2016 time period and 

continues to attain based on complete, 

quality-assured, and certified ambient 

monitoring data for the 2015–2017 time 

period; proposed to approve the SIP 

revision containing the State’s 

maintenance plan for maintaining 

attainment of the 2008 lead standard; 

and proposed to redesignate the 

Hillsborough Area to attainment for the 

2008 lead NAAQS.1 The details of 

Florida’s SIP revision and redesignation 

request, as well as the rationale for 

EPA’s actions, are further explained in 

the NPRM. Comments on the proposed 

rulemaking were due on or before July 

19, 2018. EPA did not receive any 

adverse comments on the proposed 

actions. 

II. What are the effects of these actions? 

Approval of Florida’s redesignation 

request changes the legal designation of 

the portion of Hillsborough County, 

Florida, that is designated as 

nonattainment, found at 40 CFR 81.310, 

from nonattainment to attainment for 

the 2008 lead NAAQS. Approval of 

Florida’s associated SIP revision also 

incorporates a plan into the SIP for 

maintaining the 2008 lead NAAQS in 

the Hillsborough Area through 2029. 

III. Final Action 

EPA is taking three separate but 

related final actions regarding Florida’s 

March 26, 2018, redesignation request 

and associated SIP revision for the 

Hillsborough Area. 

First, EPA is determining that the 

Area attained the 2008 lead NAAQS 

based on complete, quality-assured, and 

certified ambient monitoring data for 

the 2014–2016 period and that the Area 

continues to attain the standard based 

on complete, quality-assured, and 

certified ambient monitoring data for 

the 2015–2017 period. 

Second, EPA is approving the 

maintenance plan for the Area and 

incorporating it into the Florida SIP. As 

described in the NPRM, the 

maintenance plan demonstrates that the 

Area will continue to maintain the 2008 

lead NAAQS through 2029. 

Third, EPA is approving Florida’s 

request for redesignation of the Area 

from nonattainment to attainment for 

the 2008 lead NAAQS. This final rule 

approves the redesignation request for 

the Hillsborough Area and changes the 

official designation of the portion of 

Hillsborough County, Florida, bounded 

by a 1.5 km radius centered at UTM 

coordinates 364104 meters East, 

3093830 meters North, Zone 17, which 

surrounds Envirofocus, as found at 40 

CFR part 81, from nonattainment to 

attainment for the 2008 lead NAAQS. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment and the 


daltland on DSKBBV9HB2PROD with RULES
Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Rules and Regulations 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 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart K—Florida 

■ 2. Section 52.520(e), is amended by 

adding an entry for ‘‘2008 Lead NAAQS 

Maintenance Plan for the Hillsborough 

Area’’ at the end of the table to read as 

follows: 

§ 52.520 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS

Provision State effective 

date 

EPA approval 

date 

Federal Register notice Explanation 

*******

2008 Lead NAAQS Maintenance Plan for the Hillsborough Area ................. 3/26/2018 9/11/2018 [Insert Federal Register citation]. 


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

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 3. The authority citation for part 81 

continues to read as follows: 

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

■ 4. In § 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: 

§ 81.310 Florida. 

* * * * * 

FLORIDA—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 

NAAQSa

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 

N, Zone 17, which surrounds the EnviroFocus Technologies facility.

9/11/2018 Attainment. 

* * * * * * * 

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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2018–0263; FRL–9982–72] 

2-Propenoic Acid, 2-methyl-, 2- 

oxiranylmethyl ester, polymer With 

butyl 2-propenoate, ethenylbenzene 

and 2-ethylhexyl 2-propenoate; 

Tolerance Exemption 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of 2-propenoic 

acid, 2-methyl-, 2-oxiranylmethyl ester, 

polymer with butyl 2-propenoate, 

ethenylbenzene and 2-ethylhexyl 2- 

propenoate; when used as an inert 

ingredient in a pesticide chemical 

formulation. Spring Trading Company 

on behalf of BASF Corporation 

submitted a petition to EPA under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA), requesting an exemption from 

the requirement of a tolerance. This 

regulation eliminates the need to 

establish a maximum permissible level 

for residues of 2-propenoic acid, 2- 

methyl-, 2-oxiranylmethyl ester, 

polymer with butyl 2-propenoate, 

ethenylbenzene and 2-ethylhexyl 2- 

propenoate on food or feed 

commodities. 

DATES: This regulation is effective 

September 11, 2018. Objections and 

requests for hearings must be received 

on or before November 13, 2018, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2018–0263, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Michael Goodis, Director, Registration 

Division (7505P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; main 

telephone number: (703) 305–7090; 

email address: RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of 40 CFR part 180 

through the Government Printing 

Office’s e-CFR site at http://

www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&

tpl=/ecfrbrowse/Title40/40tab_02.tpl. 

C. Can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2018–0263 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before November 13, 2018. Addresses 

for mail and hand delivery of objections 

and hearing requests are provided in 40 

CFR 178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 


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