ENVIRONMENTAL PROTECTIONAGENCY 40 CFR Part 52 [EPA-R04-OAR-2009-06 12-2009 l4(a); FRL - ] Approval and Promulgation of Air Quality Implementation Plans: Florida; Approval of Section 110(a)(l)Maintenance Plan for the 1997 8-Hour Ozone Standards for the Jacksonville,Tampa Bay, and SoutheastFlorida Areas



### AGENCY: Environmental ProtectionAgency (EPA). 

### ACTION: Direct final rule. 

### SUMMARY: EPA is taking direct final action to approverevisions to the Florida State Implementation Plan (SIP) concerningthe maintenanceplans addressingthe 1997 8-hour ozone standards for the Jacksonville, Tampa Bay, and SoutheastFlorida 1997 8-hour ozone attainment areas in Florida, hereafter referred to as the "Jacksonville Area," "Tampa Bay Area," and "Southeast Florida Area," respectively. The JacksonvilleArea is comprised of Duval County; the Tampa Bay Area comprisesHillsborough and Pinellas Counties; and the Southeast Florida Area comprises Broward,Dade, and Palm Beach Counties. These maintenanceplans were submitted to EPA on July 2,2009, by the State of Florida,through the Florida Department of Environmental Protection (FDEP), and ensuethe continued attainmentof the 1997 8-hour ozone national ambient air quality standards (NAAQS) through the year 2014 in the Jacksonville, Tampa Bay, and SoutheastFlorida Areas. EPA is approving the SIPrevisions pursuant to section 110of the Clean Air Act (CAA). These maintenanceplans meet all the statutory and regulatory requirements, and are consistentwith EPA's guidance. On March 12,2008,EPA issued revised ozone standards. On September 16,2009,EPA announced it would reconsider the 2008 NAAQS for ozone and proposed a new schedule for designations for the reconsideredstandards. EPA published a proposed rulemaking on January 19,2010,for reconsideration of the 2008 NAAQS, and expects to finalize the reconsidered NAAQS by August 2010. The current action, however, is being taken to address requirementsunder the 1997 8-hour ozone standards. Requirements for the Jacksonville, Tampa Bay, and SoutheastFlorida Areas under the 2010 reconsidered ozone standards will be addressed in the future.



### DATES: This rule is effective on [Insert date 60 days from date of publication in the Federal Register1without further notice, unless EPA receives relevant adverse comment by [Insert date 30 days from date of publication in the Federal Registerl. If EPA receives such comment,EPA will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect.



### ADDRESSES: Submityour comments, identified by Docket 

### ID No. EPA-R04-OAR-2009- 0612, by one of the following methods: 1. www.renulations.~~~: Follow the on-line instructions for submitting comments. 2, E-mail: 

### beniamin.lvnorae@epa.gov. 3. Fax: (404) 562-9019. 4. Mail: 

### "EPA-R04-OAR-2009-0612," Regulatory Development Section,Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4,61Forsyth Street, SW, Atlanta, Georgia 30303-8960. 5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental ProtectionAgency, Region 4,61 Forsyth Street, SW, Atlanta, Georgia 230303-8960. Such deliveries are only accepted during the Regional Office's normal hours of operation. The Regional Office's official hours of business are Monday through Friday, 8:30 to 4:30, excluding federal holidays.

Instructions: Direct your comments to Docket ID No. 

### "EPA-R04-OAR-2009-0612." EPA's policy is that all commentsreceived will be included in the public docket without change and may be made available online at www.reaulations.nov,including any personal information provided, unless the comment includes informationclaimed to be Confidential Business Information (CBI) or other informationwhose disclosure is restrictedby statute. Do not submit through www.renulations.gov or e-mail, informationthat you consider to be CBI or otherwise protected. The www.renulations.gov website is an "anonymous access" system, which means EPA will not know your identity or contact informationunless you provide it in the body of your comment. 

### If you send an e-mail comment directly to EPA without going through www.regulations.nov,your e-mail address will be automaticallycaptured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact informationin the body of your comment and with any disk or CD-ROM, you submit. 

### If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional informationabout EPA's public docket, visit the EPA Docket Centerhomepage at http://www.epa.gov/epahome/dockets.htm.Docket: All documents in the electronic docket are listed in the www.regulations.govindex. Although listed in the index, some information is not publicly available,i.e., CBI or other informationwhose disclosure is restrictedby 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 electronicallyin www.regulations.~ov or in hard copy at the Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4,61Forsyth 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 to 4:30, excluding federalholidays.



### FOR FURTHER INFORMATION CONTACT: Twunjala Bradley, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental ProtectionAgency, Region 4,61Forsyth Street, SW, Atlanta, Georgia 30303- 8960. The telephone number is (404) 562-9352. Ms. Bradley can alsobe reached via electronic mail at 

### bradley.twunjala@epa.gov.



### SUPPLEMENTARY INFORMATION: Table of Contents I. Background 11. Analysis ofFlorida's Submittals 111. Final Action

### IV. Statutory and Executive Order Reviews

I. Background In accordancewith the CAA, the Jacksonville,Tampa Bay and Southeast Florida Areas in Florida were designated nonattainment for the l-hour ozone NAAQS on November 6, 1991, 56

### FR 56694 (effective January 6, 1992,60

### FR 7124). On June 23, 1993,the State of Florida, through the FDEP, submitted a request to redesignateDuval County in associationwith the Jacksonville Area to attainment for the l-hour ozone standards. Likewise, Florida submitted redesignation requests for Broward, Dade, and Palm Beach Counties in association with the SoutheastFlorida Area on November 

### 8, 1992,and for Hillsborough and Pinellas Counties in association with the Tampa Bay Area on February 7, 1995. Included with these redesignation requests, Florida submittedthe required 1-hour ozone monitoring data and maintenanceplans ensuring these areas would remain in attainment of the 1- hour ozone standards for at least a period of 10 years (consistent with CAA 175A(a)). The maintenanceplans submittedby Florida followed EPA guidance for maintenance areas, subject to section 175Aof the CAA. On January 3, 1995, EPA approved Florida's request to redesignatethe Jacksonville Area (60

### FR 41) to attainment for the l-hour ozone NAAQS. L~kewise, the Southeast Florida and Tampa Bay Areas were redesignated to attainment on February 24, 1995, and December 7, 1995 (60 

### FR 10325and 60

### FR 62793).respectively. The maintenance plans for the Jacksonville, Tampa Bay, and Southeast Florida Areas became effective on March 6, 1995, February 5, 1996, and April 1995, respectively. Florida laterupdated all three maintenance plans, in accordance with section 175(A)(b),to extend the maintenance plans to cover additional years such that the 5entire maintenanceperiod was for at least 20 years after the initial redesignation of these areas to attainment. On April 30,2004,EPA designated and classified areas for the 1997 8-hour ozone NAAQS (69 

### FR 23858), and published the final Phase 1 Rule for implementation of the 1997 8- hour ozone NAAQS (69

### FR 23951) (Phase 1Rule). The Jacksonville, Tampa Bay, and Southeast Florida Areas were designated as attainment for the 1997 8-hour ozone standards, effective June 15,2004. These attainment areas consequentlywere required to submit a 10-year maintenance plan under section 110(a)(l)of the CAA and the Phase 1 Rule. On May 20,2005, EPA issued guidanceproviding information on how a state might fulfill the maintenance plan obligation establishedby the CAA and the Phase 1 Rule (Memorandum from Lydia N. Wegman to Air Division Directors,Maintenance Plan GuidanceDocument for Certain 8-hour Ozone Areas UnderSection 110(a)(l) ofCleanAirAct, May 20,2005- hereafter referred to as the "Wegman Memorandum"). On December 22,2006, the United States Court of Appeals for the District of Columbia Circuit issued an opinion that vacated EPA's Phase 1 Rule for the 1997 8- hour Ozone Standard. South CoastAir QualityManagementDistrict. v. EPA, 472 F.3d 882 (D.C. Cir. 2006). The Court vacated those portions of the Phase 1 Rule that provided for regulation of the 1997 8-hour ozone nonattainment areas designated under Subpart 1 in lieu of Subpart 2 (of part D of the CAA), among other portions. The Court's decision does not alter any requirementsunder the Phase 1Rule for section 110(a)(l)maintenanceplans. EPA is taking action to approve Florida's July 2,2009, SIP revisions which satisfy CAA section 1lO(a)(l) CAA requirements for a plan providing for maintenance of the 1997 8-hour ozone NAAQS in the Jacksonville, Tampa Bay and Southeast Florida Areas.11. 

### Analysis of Florida's Submittals On July 2,2009, the State of Florida, through the FDEP, submitted SIPrevisions containing the 1997 8-hour ozone maintenance plans for the Jacksonville, Tampa Bay and Southeast Florida Areas as required by section 110(a)(l)of the CAA and the provisions of EPA's Phase 1 Rule (see40 CFR 51.905(a)(4)). The purpose of these plans is to ensure continued attainment and maintenance of the 1997 8-hour ozone NAAQS in these Areas until 2018. As required, these plans provide for continued attainment and maintenance of the 1997 8- hour ozone NAAQS in the Jacksonville, Tampa Bay and SoutheastFlorida Areas for at least 10 years from the effective date of these areas' designation as attainment for the 1997 8-hour ozone NAAQS. Theseplans also include componentsillustrating how each area will continue attainmentof the 1997 8-hour ozone NAAQS, and provide contingencymeasures. Each of the section 110(a)(l)plan components is discussedbelow for each area. (a)

### Attainment Inventory. In order to demonstratemaintenance in the aforementioned areas, Florida developed comprehensive inventories of volatile organic compounds (VOC) and nitrogen oxide (NOx) emissions from area, stationary, on-road mobile, and non-road mobile sources using 2002 as the base year. The year 2002 is an appropriateyear for Florida to base attainment level emissionsbecause states may select any one of the three years on which the 1997 8-hour attainment designationwas based (2001,2002, and 2003). The State's submittal contains the detailed inventory data and summaries by source category for each area. Using the 2002 inventory (as a base year) reflects one of the years used for calculatingthe air quality design values on which the 1997 8-hour ozone designation decisions were based.A furtherpractical reason for selecting 2002 as the base year emission inventory is that Section 110(a)(2)(B)of the CAA and the Consolidated Emissions Reporting Rule (67 

### FR 39602, June 10,2002)requires states to submit emissions inventories for all criteria pollutants and their precursors every three years, on a schedulethat includes the emissionsyear 2002. The due date for the 2002 emissions inventory is established in the rule as June 2004. In accordance with these requirements, Florida compiles a statewide emissions inventory for point sources on an annual basis. On-road mobile emissions of VOC and NOx were estimated using MOBILE6 motor vehicle emissions factor computermodel. Non-road mobile emissions data were derived using the U.S. EPA's NONROAD 2002 model. In projecting data for the maintenanceyear 2014 emissions inventories, Florida used several methods to project data from the base year 2002 to the years 2009 and 2018; and the interim years 2005,2008,2011and 2014. These projected inventories were developed using EPA-approved technologies and methodologies including the Visibility Improvement State and Tribal Association of the Southeast (VISTAS)methodology. Point source inventories were developed through VISTAS using the Integrated Planning Model 

### (IPM) for electrical generating units (EGU) sources and updated growth and control data for non-EGU sources. EPA's Emissions Growth Analysis Systemmodel was used to derive area source emissions data. Nonroad mobile projections were derived from the NONROAD model. The following tables provide VOC and NOx emissions data for the 2002 base attainment year inventories, as well as projected detailed source category VOC and NOx emission inventory data for 2009 and 2018. To further support these maintenance demonstrations, interim projections for VOC and NOx emission inventory data beginning in the year 2005 through the year 2018 are also provided for each area. The requirement for these maintenanceplans is an

### end year of 2014, 

### but Florida has chosento provide projections through 2018 

### also in supportof these maintenance demonstrations.The Phase 1

### Rule provides that the 10-year maintenance period begin as of the effective date of designation for the 1997 

### 8-hour NAAQS 

### for the area. The designations were effective in 2004 

### so the maintenance period must end no earlier than 2014. 

### Floridahas opted to provide additional supporting information through the year 2018. 

### Table 1. 2002 

### VOC and NOx Base Year Emissions Inventory (tonslday) VOC Southeast Florida Miami- 

## I Broward 

## I Palm 

# I Total Point 

## 1 4.68 

## 1 4.28 

## 1 1.44 

## 1 10.40 

## 1 5.19 

## 1 2.81 

## 1 8.00 

## 1 5.61 

# I Dade 

# I ( Beach 

# I Tampa Bay Hillsborough

# I Pinellas

-



### Source 

# I Source Area On- 

# 1 131.07 

# 1 107.43 

### ( 80.69 

# 1 319.19 

### ( 81.76 

# 1 61.47 

# 1 143.23

# 1 64.13 

### Total Jacksonville Duval

132.08


### Road Non 96.74



### Road Total 52.79



### NO, 73.77

320.63 37.39



### Point Source Area SourceOnRoad Non Road Total 302.60

245.54 55.74



### Southeast Florida Tampa Bay 72.34

211.64



### Total 176.66 20.02 155.51 105.39 457.57 

### Hillsborough 151.02 4.39 92.88 86.98 335.26 145.92



### Jacksonville Duval 115.47

6.10 72.68 43.34 237.60 

### Total 124.32 16.02 356.46 151.82 648.62 

### Pinellas 25.64 15.63 62.63 18.41 122.31

### MiamiDade

40.23 7.41 144.95 57.42 250.01 61.20

778.11 29.39



### Broward 58.76 5.08 120.19 54.79 238.82 133.54

188.67



### Palm Beach 25.33 3.53 91.31 39.62 159.79 59.53

22.97 148.45 52.36 25.39 337.13 154.65

### Table 2. 2009 Projected VOC and NOx Emissions Inventory (tonsiday )



### VOC Southeast Florida Miami- 

# I Broward 

# I Palm 

# I Total Point Tampa Bay Hillsborough 

# I Pinellas 

# I Total
Source Area Jacksonville Duval Dade

3.74


### SourceOnRoad Non

Southeast Florida Miami- 

## I Broward 

## I Palm 140.57



### Road Total 3.95

77.98 41.55 103.37



### 263.84

Point Beach 1.19

66.24 27.40



### Source Area 77.41



### 200.95

Dade

24.75


### SourceOn8.87

50.31 39.46

7.36


### Road Non Total 321.35



### 168.36

18.39

93.47


### Road Total 5.12

194.53 108.41



### Beach

7.31 5.05

52.07 77.18



### 633.16

Tampa Bay Jacksonville

3.53 79.81



### 177.64 2.49

50.22 22.47

61.32 49.55 65.88



### 154.98

Duval Hillsborough

34.1 1 

### 152.80 7.61

37.64 17.58



### 106.27 5.62 143.06



### 123.59

Pinellas 62.55 87.86 40.05



### Total 39.26 18.23 

### 278.57 125.67

### Table 3. 

### 2018 Projected VOC and NOx Emissions Inventory (tonslday) VOC 

# I Southeast Florida Miami- Broward Palm 

# I Dade 

# I I Beach 

# 1 Point 

# 1 4.64 

# 1 4.95 

# 1 1.54



### Source Area SourceOnRoad Non 168.91



### Road Total NO, Total

49.76 41.61



### Point Source Area 124.81



### 264.92

SourceOn90.22 43.85 27.56



### Road Non Jacksonville Duval Tampa Bay

33.54 36.15 

### 201.16

Road Hillsborough



### 161.45

Total Southeast Florida Tar Miami- 

# I Broward 

# 1 Palm 

# I Total Hillsborough Pinellas

Dade Beach

28.52 16.93 9.64 55.08 18.25 

### Total

Pinellas Total 

# 7

### Table 4. 

### Projections ofAnthropogenicVOC andNOx Emissions (tonsiday)

Southeast Florida Tampa Bay Jacksonville Miami- Year Dade Broward Total Hillsborough Pinellas Total Beach Duval

Year 2002 Southeast Florida 

# I Tampa Bay 

# 1 Jacksonville Miami- Broward

Dade Total Hillsborough Pinellas Total Beach Duval 250.01 238.82 159.79 648.62 335.26 122.31 457.57 237.60

I I I I I I I i *More detail information regarding the source category emissions for these projections is provided in Tables 2 and 3 in this rulemaking.As shown in Table 4 above, the Jacksonville, Tampa Bay, and Southeast Florida Areas projected to decrease total VOC and NOx emissions from the base year of 2002 to the maintenance year of 2014. This VOC and NOx emission decrease demonstrates continued attainment/maintenance ofthe 1997 8-hour ozone standardsfor ten years from 2004 as required by the CAA and Phase 1Rule. Furthermore, total VOC and NOx emissions are projected to steadily decrease from the base year of 2002 through 2018. As shown in the tables above, Florida has demonstrated that the future year emissions will be less than the 2002 base attainment year's emissions for the 1997 8-hour ozone NAAQS for the Jacksonville, Tampa Bay and Southeast Florida Areas. The attainment inventories submitted by Florida for these areas are consistent with the criteria as discussed in the Wegman Memorandum. EPA finds that the future emission levels for the projected years 2005,2008, 2009,201 1,2014 and 2018, are expected to be less than the attainment level emissions in 2002. In the event that a future 8-hour ozone monitoring reading in one of these areas is found to violate the 1997 ozone standards,the contingencyplan sectionof each area's maintenance plan includes measures that will be promptly implemented to ensure that the Area returns to maintenanceof the 1997 ozone standards. Please see section (d) Contingency Plan, below, for additional information related to the contingencymeasures in each of the maintenanceplans. (b)Maintenance Demonstration. The primary purpose of a maintenance plan is to demonstratehow an area will continue to remain in attainment with the 1997 8-hour ozone standards for the 10-year period following the effective date of designation as unclassifiable/attainment. The required end projection year for all three maintenance areas is 2014; however, Florida has opted to provide additional supporting informationthrough the year 2018. As discussed in section (a) Attainment Inventory above, Florida identified the level of 13ozone-forming emissionsthat were consistent with attainmentof the NAAQS for ozone in 2002. Florida projected VOC and NOx emissions for 2009 and 2018, as well as provided interim projection emissions inventories for VOC and NOx emissions for the years 2005,2008, 2011 and 2014 in the Jacksonville, Tampa Bay and Southeast Florida Areas. EPA finds that the future emissionslevels in these years are expected to be below the emissions levels in 2002 in the Jacksonville,Tampa Bay, and Southeast FloridaAreas. Florida's SIPrevision for the maintenance plans for the Jacksonville, Tampa Bay, and SoutheastFlorida Areas also relies on a combinationof several air quality measures that will provide for additional 8-hour ozone emissions reductions in these areas. These measures include the implementationof the following, among others: (1) Heavy Duty 2007 Engine Standards, (2) Tier 2 Tailpipe Program, (3) Large Spark Ignition and RecreationalVehicle Rule, (4) Nonroad Diesel Rule, (5) Industrial Boiler/Process HeaterRICE maximum available control technology (MACT), 

### (6) Petroleum Refinery Initiative, (7) VOC 

### 2-, 4-, 7-, and 10-yearMACT Standards, (8) Combustion Turbine MACT, and (9) consent decrees from Tampa Electric, Virginia Electric and Power Company and Gulf Power Crist. These Florida attainment areas are also benefiting from the following reductions that are occurring in other states in the Southeast: (1) North Carolina Clean Smokestacks Act, (2) AtlantaINorthern KentuckyIBirmingham 1-hourSIPS,(3) NOx Reasonably Available Control Technology (RACT) in 8-hour nonattainment area SIP, and (4) implementation of NOx SIP Call Phase 1 in southeasternstates. Moreover, despite the legal status of the CleanAir Interstate Rule (CAIR) as remanded, many facilities have already installed or are continuingwith plans to install emission controlsthat may benefit the Jacksonville,Tampa Bay, and SoutheastFlorida Areas.There are no sources subject to CARor the NOx SIP Call in the Jacksonville, Tampa Bay, and Southeast Florida Areas. Hence, the recent remand of CARdoes not affect the maintenance inventories or maintenance demonstrationsin any way. Moreover, these areas were in attainmentprior to implementationof these rules. As a result, any contribution to the reduction in the background ozone levels from these rules would be in addition to the projected decreases within the maintenanceplanning areas. These rules, even though the submittal takes
no credit for emissionsreductions from them, would be expected to reduce transported NOx and ozone from outside the nonattainment area, thereby providing a further, unquantified improvement in these areas' air quality. (c)Ambient Air QualityMonitoring. The table below shows design values' for the Jacksonville, Tampa Bay, and Southeast Florida Areas. The ambient ozone monitoring data
were collected at sites that were selected with assistance from EPA and are, considered representative of the areas of highest concentration. Florida will continue to depend on local air pollution control agencies in the Jacksonville, Tampa Bay, and SoutheastFlorida.Areasto conduct ambient air quality monitoring programs for ozone in their respective areas. All monitoringprograms will continue in accordancewith applicableEPA monitoring requirements contained in 40 

### CFR Part 58. Even though 2002 is established as the base year, the actual year each of these areas monitored attainmentfor the 1997 8-hourNAAQS occurred prior to 2002. The Southeast Florida Area has not had a monitor design value exceed the 1997 8-hour NAAQS since the 

## ' The air quality design value at a monitoring site is defined as that concentrationthat when reduced to the level of the standard ensuresthat the site meets the standard. For a concentration-basedstandard, the air quality design value is simply the standard-relatedtest statistic. Thus, for the primary and secondary 1997 8-hourozone standards, the 3- year average annual fourth-highestdaily maximum 8-hour averageozone concentration is also the air quality design value for the site. 40 CFR Part 50,Appendix I, Section 3.1970s. For the Tampa Bay Area, the most recent year of a monitored %hour design value exceedance of the 1997NAAQS was 2000. For the Jacksonville Area, the most recent year of a monitored NAAQS exceedance was 1989.


### Table 

### 5. Maximum %HourOzone Design Values

Based on Table 

### 5 above, the maximum design values identified demonstrate attainment ! Year

with the 1997 8-hour ozone NAAQS. Further, these design values indicate that these maintenance areas are expected to continue attainment of the 1997 8-hour ozone NAAQS. The Jacksonville

attainment level for the 1997 8-hour ozone standards is 0.080parts per million (ppm), effectively 0.084 ppm with the rounding convention. However, in the event a design value for one of the Tampa

Bay

Jacksonville, Tampa Bay and SoutheastFlorida Areas' monitors exceeds the 1997 8-hourozone Southeast

Florida

standards, one or more contingency measures included in Florida's maintenance plans for the Jacksonville, Tampa Bay and Southeast Florida Areas would be promptly implemented in accordance with the contingency plan, as discussed below.(d) Contingency

### Plan. 

### In accordancewith 40 CFR 51.905(a)(4)(ii)and the Wegman Memorandum,the section 1lO(a)( 1) maintenanceplans include contingency provisions to promptly correct a violation of the 1997 ozone NAAQS that may occur. The indicators for triggering contingencymeasures for the Jacksonville,Tampa Bay, and Southeast Florida Areas
are based on updates to the emission inventories. The State of Floridahas established two triggers to activate contingency measures including: 1)violation of the 1997 8-hour ozone standards at any monitor and 2) a fivepercent or more increasein ozone precursor emissions for the emissions inventory update (for VOC or NOx) abovethe 2002 emissions inventory and the ozone design value for the update year is greaterthan or equal to 0.081 ppm. 

### In the maintenance plans for the Jacksonville,Tampa Bay and SoutheastFlorida Areas, if contingency measures are triggered, Florida is committed to implementthe measures as expeditiously as practicable, including adopting one or more contingencymeasures within 18-monthsof the trigger and implementingthe measures within twenty-fourmonths of the triggering event. The contingency measures include: (1) reinstate nonattainrnent new source review; (2) mandate less volatile gasoline2;

### (3) provide additional or revise existing VOC or NOx RACT Rules; (4) expand VOC
or NOx control strategies to other counties affectingthe maintenance area; (5) expand control strategies to new control technique guideline categories; 

### (6)implement mobile source transportation control measures; and/or (7) other measures deemed appropriateby the 

### FDEP at the time as a result of efficient and cost-effective emissionsreduction.

States are generallypreempted from prescribing low volatility fuel requirements that are different from those prescribed by EPA under CAA section 21 1(c)(4). Therefore,EPA notes that consideration of the preemption provisions of 21l(c)(4)(A) of the CAA would be required and that this contingency could only be implemented after such time that EPA grants a waiver to allow the mandate of a low volatility fuel, under CAA section 21l(c)(4)(C). See "Guidanceon use of opt-in to RFG and low RVP requirements in ozone SIPS"at http:Nwww.epa.gov/otaq/regs/fuels/rvpguide.pdf and the "Boutique fuels list under Section 154I(b)of the Energy Policy Act" at http:Nwww.epa.govlEPA-AW2006/December/Day-28/a22313.htmThese contingencymeasures and schedules for implementation satisfyEPA's longstanding guidance on the requirements of section 110(a)(l)of continued attainment. Continued attainment of the 1997 8-hour ozone NAAQS in the Jacksonville, Tampa Bay and Southeast Florida Areas will depend, in part, on the air quality measures discussed previously (see section 11). In addition, Florida along with the assistance of local air pollution control agencies and local metropolitanplanning organizations commit to verify the 1997 8-hour ozone status in each maintenance plan through periodic ozone precursor emission inventoryupdates. Emission inventory updates will be completed by 18months following the end of the inventoryyear to verify continued attainmentof the 1997 8-hour ozone standards.

111. 

### Final Action Pursuant to section 110of the CAA, EPA is approving the maintenance plans addressing the 1997 8-hour ozone standards in the Jacksonville,Tampa Bay, and Southeast Florida Areas in Florida, submittedby FDEP on July 2,2009. These maintenanceplans ensure continued attainmentof the 1997 8-hour ozone NAAQS through the maintenance year 2014. Further, Florida has provided additionalinformation to indicate maintenancein these areas through 2018. EPA has evaluated Florida's submittals and has determinedthat it meets the applicable requirements of the CAA and EPA regulations, and is consistent with EPA policy. EPA is publishing this rule without prior proposal because the Agency views this as a non-controversial amendment and anticipates no adverse comments. However, in the proposed rules section of this Federal Registerpublication, EPA is publishing a separate documentthat will serve as the proposal to approve the SIPrevision should adverse comment be filed. This rule will be effective on [Insert date 60 davs from date of publication1without further notice 18unless the Agency receives adverse commentby [Insert date 30 days from date of publicationl. If EPA receives such comments,then EPA will publish a document withdrawing the final rule and informingthe public that the rule will not take effect. All public comments received will then be addressed in a subsequent final rule based on the proposed rule. EPA will not institute a second commentperiod on this action. Any parties interested in commenting must do so at this time. 

### If no such comments are received, the public is advised this rule will be effective on [Insert date 60 days from date of publication1 and no further action will be taken on the proposed rule.



### IV. Statutory and Executive Order Reviews Under the CAA, the Administratoris required to approve a SIP submission that complies with the provisions of the Act and applicableFederal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing 

### SIP submissions,EPA's role is to approve state choices, provided that they meet the criteriaof the Clean Air Act. Accordingly,this action merely approves state law as meeting Federal requirements and does not impose additional requirementsbeyond those imposed by state law. For that reason, this action: is not a "significantregulatory action" subjectto review by the Office of Management and Budget under Executive Order 12866 (58FR 51735,October 4,1993); does not impose an information collectionburden under the provisions of the Paperwork ReductionAct (44 U.S.C. 3501 et seq.);

0 is certified as not having a significant economicimpact on a substantialnumber of small entities under the Regulatory FlexibilityAct (5 U.S.C. 601 et seq.);does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 104-4); does not have Federalism implicationsas specified in Executive Order 13132 (64 

### FR 43255, August 10,1999); is not an economically significantregulatory actionbased on health or safety risks subject to Executive Order 13045 (62 

### FR 19885,April 23, 1997); is not a significant regulatory action subject to Executive Order 1321 1 (66 

### FR 28355, May 22,2001); is not subject to requirementsof Section 12(d)of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because applicationof those requirements would be inconsistentwith the CAA; and does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally. permissible methods, under Executive Order 12898 (59 

### FR 7629, February 16, 1994). In addition,this rule does not have tribal implicationsas specified by Executive Order 13175 (65 

### FR 67249, November 9,2000),because the SIP is not approvedto apply in Indian country located in the state, and EPA notes that it will not impose substantialdirect costs on tribal governmentsor preempt tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business RegulatoryEnforcement Fairness Act of 1996, generallyprovides that before a rule may take effect,the agency promulgatingthe 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 20

### will submit a report containing this action and other required informationto the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a "major rule" as defined by 

### 5 U.S.C. 804(2).Under section 307(b)(l)of the CAA, petitions forjudicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by [FEDERAL REGISTER OFFICE: insert date 60 davs from date of publication of this document in the Federal Register]. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes ofjudicial 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today's Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. 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 Environmentalprotection, Air pollution control, Intergovernmental re12 ltions, Incorporation

### by reference, Ozone, Nitrogen dioxides, Reporting and recordkeeping requirements, Volatile organic compounds.



### MAY 1 1 20i0 Dated: Beverly H. Banister Acting Regional Administrator, Region 4.40 

### CFR part 52 is amended as follows: 

### PART 52--[AMENDED] 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 new entries at the end of the table for the "1 lO(a)(l) MaintenancePlan for the SoutheastFlorida Area" for the 1997 8-hour ozone standards, "1 10(a)(l)Maintenance Plan for the Tampa Area" for the 1997 8-hour ozone standards, and "1 10(a)(l)MaintenancePlan for the Jacksonville, Florida Area" for the 1997 8-how ozone standards to read as follows:


### 5 52.520 Identificationof plan. 

## * * 

## * * * (e) 

## * * 

## * EPA-Approved Florida non-Regulatory Provisions Provision 

## * * 110(a)(l)Maintenance Plan for the Southeast Florida Area. State effective date 

## * * July 2,2009 EPA approval date [Insert date 60 days from date of publication of this documentin the Federal Register]. 

## 1 Federal Register

notice [Insert citation of publication] Explanation

110(a)(l) maintenance plan for 1997 8-how ozone

### Provision

1



### lO(a)(1 ) 

### Maintenance Plan for the Tampa, Florida Area.

1

### 10(a)(l)Maintenance Plan for the Jacksonville, Florida Area. State effective date July 2,2009

July 2,2009 EPA approval date [Insert date 60 days from date of publication of this document in the Federal Register]. [Insert date 60 days from date of publication of this document in the Federal Registerl. Federal Register

notice [Insert citation of publication]

[Insert citationof publication] Explanation 110(a>(l> maintenance plan for 1997 8-hour ozone NAAQS

1lO(a>( 1



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