[Federal Register Volume 80, Number 73 (Thursday, April 16, 2015)]
[Rules and Regulations]
[Pages 20441-20444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08666]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52

[EPA-R04-OAR-2014-0220; FRL-9926-34-Region 4]


Air Quality Implementation Plan; Florida; Attainment Plan for the 
Hillsborough Area for the 2008 Lead National Ambient Air Quality 
Standards

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve revisions to the state implementation plan (SIP), 
submitted by the State of Florida through the Florida Department of 
Environmental Protection (FL DEP), on June 29, 2012, as amended on June 
27, 2013, for the purpose of providing for attainment of the 2008 Lead 
(Pb) National Ambient Air Quality Standards (NAAQS) in the Hillsborough 
2008 Lead nonattainment area (hereafter referred to as the 
``Hillsborough Area'' or ``Area''). The Hillsborough Area is comprised 
of a portion of Hillsborough County in Florida surrounding EnviroFocus 
Technologies, LLC (hereafter referred to as ``EnviroFocus''). The 
attainment plan

[[Page 20442]]

includes the base year emissions inventory, an analysis of reasonably 
available control technology (RACT) and reasonably available control 
measures (RACM), reasonable further progress (RFP) plan, modeling 
demonstration of lead attainment, and contingency measures for the 
Hillsborough Area. This action is being taken in accordance with the 
Clean Air Act (CAA or Act).

DATES: This rule will be effective May 18, 2015.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2014-0220. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information is not publicly available, i.e., Confidential 
Business Information or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Air Regulatory Management Section (formerly the Regulatory 
Development Section), Air Planning and Implementation Branch, Air 
(formerly the Air Planning Branch), 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: Zuri Farngalo, 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. Zuri Farngalo may be reached by phone at (404) 562-9152 or 
via electronic mail at <a href="/cdn-cgi/l/email-protection#325453405c55535e5d1c4847405b725742531c555d44"><span class="__cf_email__" data-cfemail="bddbdccfd3dadcd1d293c7c8cfd4fdd8cddc93dad2cb">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. What is the background for this action?

    On November 12, 2008 (73 FR 66964), EPA revised the Lead NAAQS, 
lowering the level from 1.5 micrograms per cubic meter ([micro]g/m\3\) 
to 0.15 [micro]g/m\3\ calculated over a three-month rolling average. 
EPA established the NAAQS based on significant evidence and numerous 
health studies demonstrating that serious health effects are associated 
with exposures to lead emissions.
    Following promulgation of a new or revised NAAQS, EPA is required 
by the CAA to designate areas throughout the United States as attaining 
or not attaining the NAAQS; this designation process is described in 
section 107(d)(1) of the CAA. On November 22, 2010 (75 FR 71033), EPA 
promulgated initial air quality designations for the 2008 Lead NAAQS, 
which became effective on December 31, 2010, based on air quality 
monitoring data for calendar years 2007-2009, where there was 
sufficient data to support a nonattainment designation. Designations 
for all remaining areas were completed on November 22, 2011 (76 FR 
72097), which became effective on December 31, 2011, based on air 
quality monitoring data for calendar years 2008-2010. Effective 
December 31, 2010, the Hillsborough Area was designated as 
nonattainment for the 2008 Lead NAAQS. This designation triggered a 
requirement for Florida to submit a SIP revision with a plan for how 
the Area would attain the 2008 Lead NAAQS, as expeditiously as 
practicable, but no later than December 31, 2015.
    FL DEP submitted its 2008 Lead NAAQS attainment SIP for the 
Hillsborough Area on June 29, 2012, as amended on June 27, 2013, which 
included the base year emissions inventory and the attainment 
demonstration. EPA proposed to approve the Hillsborough Area attainment 
SIP for the 2008 Lead NAAQS on February 5, 2015. EPA's analysis of the 
submitted attainment demonstration included a review of the pollutant 
addressed, emissions inventory requirements, modeling, RACT and RACM 
requirements, RFP plan, and contingency measures for the Hillsborough 
Area. Refer to EPA's February 5, 2015, proposed rulemaking for a 
detailed rationale on EPA's analysis of the Hillsborough area 
attainment demonstration. See 80 FR 6485.

II. What is the action EPA is taking?

    EPA is taking final action to approve Florida's SIP submittal for 
the Hillsborough Area, as submitted through FL DEP to EPA on June 29, 
2012, as amended on June 27, 2013, for the purpose of demonstrating 
attainment of the 2008 Lead NAAQS. Florida's lead attainment plan for 
the Hillsborough Area includes a base year emissions inventory, a 
modeling demonstration of lead attainment, an analysis of RACM/RACT, a 
RFP plan, and contingency measures.
    EPA has determined that Florida's attainment plan for the 2008 Lead 
NAAQS for the Hillsborough Area meets the applicable requirements of 
the CAA. Thus, EPA is taking final action to approve Florida's 
attainment plan for the Hillsborough Area. EPA's analysis for this 
final action is discussed in Section IV of EPA's February 5, 2015, 
proposed rulemaking. See 80 FR 6485.

III. Why is EPA taking this action?

    EPA has determined that all the criteria for Florida's lead 
attainment plan for the Hillsborough Area have been met. EPA has 
determined that Florida's June 29, 2012, SIP submission, as amended on 
June 27, 2013, meets the applicable requirements of the CAA. 
Specifically, EPA is taking final action to approve Florida's June 29, 
2012, SIP submission (as amended on June 27, 2013), which includes the 
attainment demonstration, base year emissions inventory, RACM/RACT 
analysis, contingency measures and RFP plan.

IV. EPA's Response to Comments

    EPA received one comment on March 9, 2015, from the Center for 
Biological Diversity and Center for Environmental Health (hereafter 
referred to as the ``Commenter''), in response to EPA's proposed rule 
to approve the attainment demonstration for the Hillsborough Area for 
the 2008 Lead NAAQS. A summary of the comment and EPA's response is 
provided below.
    Comment: The Commenter mentions that FDEP fails to account for the 
significant lead air pollution being generated by leaded aviation fuel 
(``avgas'') from regional airports. Specifically, the Commenter states 
that that the ``SIP must address the significant contributions of lead 
air pollution from Hillsborough County's regional aviation airports and 
include Reasonably Available Control Technology and Reasonably 
Available Control Measures (``RACT/RACM'') to reduce those lead air 
pollution threats.''
    Response: EPA does not believe that it is necessary for the 
attainment demonstration for the Hillsborough Area for the 2008 lead 
NAAQS to regulate the lead emissions resulting from avgas emitted by 
aircrafts using regional airports that are located near to the 
nonattainment area. First, although this is not determinative, there 
are no airports within the 2008 Lead nonattainment boundary for the 
Hillsborough Area to which RACT/RACM could be applied. Second, and more 
importantly, available information does not indicate that lead 
emissions

[[Page 20443]]

from nearby airports or from general aviation aircrafts that use them 
are impacting receptors in the Hillsborough Area. The nonattainment 
area is about a 1.14 mile radius circle encompassing the EnviroFocus 
facility, the source that available information indicates is the sole 
cause of the lead NAAQS violations in this nonattainment area. Prior to 
making the determination concerning the appropriate boundary for the 
nonattainment area, EPA reviewed the technical supporting data \1\ and 
considered all the potential sources of lead in Hillsborough County. 
EPA determined, based on this information that lead emissions from 
aircraft combusting avgas and using the regional airports did not cause 
or contribute to the monitored violations of the 2008 Lead NAAQS. 
Therefore, the designation of the Hillsborough County area excluded 
those airports. The closest airport where leaded avgas is used, Tampa 
Executive Airport is located approximately 4 miles outside the 
designated nonattainment boundary. Monitoring data from other locations 
confirm that there is a sharp decrease in lead concentrations as the 
distance from a lead source increases. The available technical data for 
the Hillsborough Area continues to support the EPA's prior conclusion 
that the airport sources of lead are located too distant from the area 
to contribute significantly to receptors in the designated 
nonattainment area. Consequently, EPA believes that the control 
measures described in the proposed rule for the EnviroFocus facility 
should be adequate to bring this area into attainment with the 2008 
Lead NAAQS.
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    \1\ The analysis of the technical data supporting the boundary 
can be found in the 2008 Lead Designation Technical Support Document 
(TSD) for Florida. See EPA-HQ-OAR-2009-0443-0316. This document can 
also be found in EPA-R04-OAR-2014-0220.
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V. Final Action

    EPA is taking final action to approve Florida's lead attainment 
plan for the Hillsborough Area. EPA has determined that the SIP meets 
the applicable requirements of the CAA. Specifically, EPA is taking 
final action to approve Florida's June 29, 2012, SIP submission (as 
amended on June 27, 2013), which includes the attainment demonstration, 
base year emissions inventory, RACM/RACT analysis, contingency measures 
and RFP plan.

VI. 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 CAA. 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:
    <bullet> Is not a significant regulatory action 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> Does 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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, 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 and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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. This action is 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 June 15, 2015. 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 in 40 CFR Part 52

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

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

    Dated: April 3, 2015.
V. Anne Heard,
Acting Regional Administrator, Region 4.
    Therefore, 40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart K--Florida

0
2. In Sec.  52.520, the table in paragraph (e) is amended by adding 
entries for ``2008 Lead Attainment Demonstration for the Hillsborough 
Area'' and ``2008 Lead Attainment Demonstration for Hillsborough Area 
Amendment'' at the end of the table to read as follows:

[[Page 20444]]

Sec.  52.520  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Florida Non-Regulatory Provisions
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                                    State effective                        Federal Register
            Provision                     date        EPA approval date         notice            Explanation
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                                                  * * * * * * *
2008 Lead Attainment                       6/29/2012          4/16/2015  [Insert Federal
 Demonstration for Hillsborough                                           Register citation].
 Area.
2008 Lead Attainment                       6/27/2013          4/16/2015  [Insert Federal
 Demonstration for Hillsborough                                           Register citation].
 Area Amendment.
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[FR Doc. 2015-08666 Filed 4-15-15; 8:45 am]
 BILLING CODE 6560-50-P


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