ENVIRONMENTAL PROTECTION AGENCY 

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 Southeast Florida Areas 

AGENCY: Environmental Protection Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final action to approve revisions to the Florida State 

Implementation Plan (SIP) concerning the maintenance plans addressing the 1997 8-hour ozone 

standards for the Jacksonville, Tampa Bay, and Southeast Florida 1997 8-hour ozone attainment 

areas in Florida, hereafter referred to as the "Jacksonville Area," "Tampa Bay Area," and 

"Southeast Florida Area," respectively. The Jacksonville Area is comprised of Duval County; 

the Tampa Bay Area comprises Hillsborough and Pinellas Counties; and the Southeast Florida 

Area comprises Broward, Dade, and Palm Beach Counties. These maintenance plans were 

submitted to EPA on July 2,2009, by the State of Florida, through the Florida Department of 

Environmental Protection (FDEP), and ensue the continued attainment of the 1997 8-hour ozone 

national ambient air quality standards (NAAQS) through the year 2014 in the Jacksonville, 

Tampa Bay, and Southeast Florida Areas. EPA is approving the SIP revisions pursuant to 

section 110 of the Clean Air Act (CAA). These maintenance plans meet all the statutory and 

regulatory requirements, and are consistent with 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 reconsidered 
standards. 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 requirements under the 1997 8-hour ozone standards. 

Requirements for the Jacksonville, Tampa Bay, and Southeast Florida 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 

Register1 without 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: Submit your 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 4,61 Forsyth 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 Protection Agency, Region 4,61 Forsyth Street, SW, Atlanta, Georgia 

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30303-8960. 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 comments received 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 information claimed to be Confidential Business 

Information (CBI) or other information whose disclosure is restricted by statute. Do not submit 

through www.renulations.gov or e-mail, information that 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 information unless 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 automatically captured 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 

information in 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 

information about EPA's public docket, visit the EPA Docket Center homepage at 

http://www.epa.gov/epahome/dockets.htm. 
Docket: All documents in the electronic docket are listed in the www.regulations.gov index. 

Although listed in the index, some information is not publicly available, i.e., CBI or other 

information whose disclosure is restricted by statute. Certain other material, such as copyrighted 

material, is not placed on the Internet and will be publicly available only in hard copy form. 

Publicly available docket materials are available either electronically in 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 4,61 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 to 

4:30, excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: Twunjala Bradley, Regulatory Development 

Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. 

Environmental Protection Agency, Region 4,61 Forsyth Street, SW, Atlanta, Georgia 30303- 

8960. The telephone number is (404) 562-9352. Ms. Bradley can also be reached via electronic 

mail at bradley.twunjala@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

11. Analysis of Florida's Submittals 

111. Final Action 
IV. Statutory and Executive Order Reviews 

I. Background 

In accordance with 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 

redesignate Duval County in association with 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 Southeast Florida 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 submitted the required 1-hour ozone 

monitoring data and maintenance plans 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 

maintenance plans submitted by Florida followed EPA guidance for maintenance areas, subject 

to section 175A of the CAA. 

On January 3, 1995, EPA approved Florida's request to redesignate the 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 10325 and 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 later updated all three maintenance plans, in accordance 

with section 175(A)(b), to extend the maintenance plans to cover additional years such that the 

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entire maintenance period 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 1 Rule). 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 consequently were 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 guidance providing information on how a state might fulfill the maintenance plan 

obligation established by the CAA and the Phase 1 Rule (Memorandum from Lydia N. Wegman 

to Air Division Directors, Maintenance Plan Guidance Document for Certain 8-hour Ozone 

Areas Under Section 110(a)(l) of Clean Air Act, 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 Coast Air Quality Management District. 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 

requirements under the Phase 1 Rule for section 110(a)(l) maintenance plans. EPA is taking 

action to approve Florida's July 2,2009, SIP revisions which satisfy CAA section 1 lO(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 SIP revisions 

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 (see 40 CFR 5 1.905(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 Southeast Florida Areas for at least 10 

years from the effective date of these areas' designation as attainment for the 1997 8-hour ozone 

NAAQS. These plans also include components illustrating how each area will continue 

attainment of the 1997 8-hour ozone NAAQS, and provide contingency measures. Each of the 

section 110(a)(l) plan components is discussed below for each area. 

(a) Attainment Inventory. In order to demonstrate maintenance 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 appropriate year for Florida to base 

attainment level emissions because states may select any one of the three years on which the 

1997 8-hour attainment designation was 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 calculating the air quality 

design values on which the 1997 8-hour ozone designation decisions were based. 
A further practical 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 schedule that includes the emissions year 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 computer model. Non-road mobile emissions data were derived 

using the U.S. EPA's NONROAD 2002 model. 

In projecting data for the maintenance year 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 2005,2008,201 1 and 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 System model 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 maintenance plans is an 
end year of 2014, but Florida has chosen to provide projections through 2018 also in support of 

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. Florida has 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 

Source 

OnRoad 

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 

15 1.02 

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 

Source 

OnRoad 

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 

Source 

On8.87 

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 

Hillsborough Duval 

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 

Source 

OnRoad 

Non 

168.91 

Road 

Total 

NO, 

Total 

49.76 

41.61 

Point 

Source 

Area 

124.81 

264.92 

Source 

On90.22 

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 

7 Pinellas Total 
Table 4. Projections of Anthropogenic VOC and NOx 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 

250.01 238.82 159.79 648.62 335.26 122.3 1 457.57 237.60 

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 of the 1997 8-hour ozone standards for ten years from 2004 as required 

by the CAA and Phase 1 Rule. 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 contingency plan section of each area's maintenance plan 

includes measures that will be promptly implemented to ensure that the Area returns to 

maintenance of the 1997 ozone standards. Please see section (d) Contingency Plan, below, for 

additional information related to the contingency measures in each of the maintenance plans. 

(b) Maintenance Demonstration. The primary purpose of a maintenance plan is to 

demonstrate how 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 information through the year 

2018. As discussed in section (a) Attainment Inventory above, Florida identified the level of 

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ozone-forming emissions that were consistent with attainment of 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, 201 1 and 

2014 in the Jacksonville, Tampa Bay and Southeast Florida Areas. EPA finds that the future 

emissions levels in these years are expected to be below the emissions levels in 2002 in the 

Jacksonville, Tampa Bay, and Southeast Florida Areas. 

Florida's SIP revision for the maintenance plans for the Jacksonville, Tampa Bay, and 

Southeast Florida Areas also relies on a combination of several air quality measures that will 

provide for additional 8-hour ozone emissions reductions in these areas. These measures include 

the implementation of the following, among others: (1) Heavy Duty 2007 Engine Standards, (2) 

Tier 2 Tailpipe Program, (3) Large Spark Ignition and Recreational Vehicle 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-year MACT 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-hour SIPS, (3) 

NOx Reasonably Available Control Technology (RACT) in 8-hour nonattainment area SIP, and 

(4) implementation of NOx SIP Call Phase 1 in southeastern states. Moreover, despite the legal 

status of the Clean Air Interstate Rule (CAIR) as remanded, many facilities have already 

installed or are continuing with plans to install emission controls that may benefit the 

Jacksonville, Tampa Bay, and Southeast Florida Areas. 
There are no sources subject to CAR or the NOx SIP Call in the Jacksonville, Tampa 

Bay, and Southeast Florida Areas. Hence, the recent remand of CAR does not affect the 

maintenance inventories or maintenance demonstrations in any way. Moreover, these areas were 

in attainment prior to implementation of 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 maintenance planning areas. These rules, even though the submittal takes 

no credit for emissions reductions 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 Quality Monitoring. 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 Southeast Florida.Areas to 

conduct ambient air quality monitoring programs for ozone in their respective areas. All 

monitoring programs will continue in accordance with applicable EPA 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 attainment for the 1997 8-hour NAAQS 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 concentration that when reduced to the level of 

the standard ensures that the site meets the standard. For a concentration-based standard, the air quality design value 

is simply the standard-related test statistic. Thus, for the primary and secondary 1997 8-hour ozone standards, the 3- 

year average annual fourth-highest daily maximum 8-hour average ozone 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 1997 NAAQS was 2000. For the Jacksonville Area, the most recent year of a 

monitored NAAQS exceedance was 1989. 

Table 5. Maximum %Hour Ozone 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 0.080 parts 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 Southeast Florida Areas' monitors exceeds the 1997 8-hour ozone 

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 accordance with 40 CFR 51.905(a)(4)(ii) and the Wegman 

Memorandum, the section 1 lO(a)( 1) maintenance plans include contingency provisions to 

promptly correct a violation of the 1997 ozone NAAQS that may occur. The indicators for 

triggering contingency measures for the Jacksonville, Tampa Bay, and Southeast Florida Areas 

are based on updates to the emission inventories. The State of Florida has established two 

triggers to activate contingency measures including: 1) violation of the 1997 8-hour ozone 

standards at any monitor and 2) a five percent or more increase in ozone precursor emissions for 

the emissions inventory update (for VOC or NOx) above the 2002 emissions inventory and the 

ozone design value for the update year is greater than or equal to 0.081 ppm. In the maintenance 

plans for the Jacksonville, Tampa Bay and Southeast Florida Areas, if contingency measures are 

triggered, Florida is committed to implement the measures as expeditiously as practicable, 

including adopting one or more contingency measures within 18-months of the trigger and 

implementing the measures within twenty-four months 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 affecting the 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 appropriate by the FDEP at 

the time as a result of efficient and cost-effective emissions reduction. 

States are generally preempted 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 21 l(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 21 l(c)(4)(C). 

See "Guidance on 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/a223 13.htm 
These contingency measures and schedules for implementation satisfy EPA'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 

metropolitan planning organizations commit to verify the 1997 8-hour ozone status in each 

maintenance plan through periodic ozone precursor emission inventory updates. Emission 

inventory updates will be completed by 18 months following the end of the inventory year to 

verify continued attainment of the 1997 8-hour ozone standards. 

111. Final Action 

Pursuant to section 110 of 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, submitted by FDEP on July 2,2009. These maintenance plans ensure continued 

attainment of the 1997 8-hour ozone NAAQS through the maintenance year 2014. Further, 

Florida has provided additional information to indicate maintenance in these areas through 2018. 

EPA has evaluated Florida's submittals and has determined that 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 Register publication, EPA is publishing a separate document that 

will serve as the proposal to approve the SIP revision should adverse comment be filed. This 

rule will be effective on [Insert date 60 davs from date of publication1 without further notice 

18 
unless the Agency receives adverse comment by [Insert date 30 days from date of publicationl. 

If EPA receives such comments, then EPA will publish a document withdrawing the final rule 

and informing the 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 comment period 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 Administrator is required to approve a SIP submission that complies 

with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 

52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided 

that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state 

law as meeting Federal requirements and does not impose additional requirements beyond those 

imposed by state law. For that reason, this action: 

is not a "significant regulatory action" subject to review by the Office of Management 

and Budget under Executive Order 12866 (58 FR 5 1735, October 4,1993); 

does not impose an information collection burden under the provisions of the Paperwork 

Reduction Act (44 U.S.C. 3501 et seq.); 

0 is certified as not having a significant economic impact on a substantial number of small 

entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); 
does not contain any unfunded mandate or significantly or uniquely affect small 

governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 

104-4); 

does not have Federalism implications as specified in Executive Order 13132 (64 FR 

43255, August 10,1999); 

is not an economically significant regulatory action based on health or safety risks subject 

to Executive Order 13045 (62 FR 19885, April 23, 1997); 

is not a significant regulatory action subject to Executive Order 1321 1 (66 FR 28355, 

May 22,2001); 

is not subject to requirements of Section 12(d) of the National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 272 note) because application of those 

requirements would be inconsistent with the 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 implications as specified by Executive Order 13 175 (65 

FR 67249, November 9,2000), because the SIP is not approved to apply in Indian country 

located in the state, and EPA notes that it will not 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 

20 
will submit a report containing this action and other required information to the U.S. Senate, the 

U.S. House of Representatives, and the Comptroller General of the United States prior to 

publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after 

it is published in the Federal Register. This action is not a "major rule" as defined by 5 U.S.C. 

804(2). 

Under section 307(b)(l) 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 [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 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. 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 

Environmental pr otection, 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) 

Maintenance Plan for the Southeast Florida 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) Maintenance Plan for the Jacksonville, Florida Area" for the 1997 8-how ozone 

standards to read as follows: 

5 52.520 Identification of plan. 

* * * * * 

(e) * * * 

EPA-Approved Florida non-Regulatory Provisions 

Provision 

* * 

1 10(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 

document in 

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 

citation of 

publication] 

Explanation 

110(a>(l> 

maintenance plan for 

1997 8-hour ozone 

NAAQS 

1 lO(a>( 1 > 

maintenance plan for 

1997 8-hour ozone 

NAAQS