Federal Register / Vol. 75, No. 102 / Thursday, May 27, 2010 / Rules and Regulations 29671 

11.7.3 Delivery 

Mailings bearing the marking for 

consumer testing can only be delivered 

to the named addressee under the 

following conditions: 

a. The recipient signing for the 

Express Mail Hold for Pickup service 

article must be an adult of at least 21 

years of age. 

b. The recipient must furnish proof of 

age through production of a driver’s 

license, passport, or other governmentissued photo identification that lists age 

or date of birth. 

c. The name on the identification 

must match the name of the addressee 

on the Express Mail label. 

d. Once age is established, the 

recipient must sign the PS Form 3849 

and PS Form 3811 in the appropriate 

signature blocks. If mailer’s eligibility 

number is missing in the return address 

block of the PS Form 3811 return 

receipt, the mailing must be returned to 

sender. 

11.8 Public Health Exception 

Federal government agencies involved 

in the consumer testing of tobacco 

products solely for public health 

purposes may mail cigarettes under the 

mailing standards of 11.7, except as 

provided herein. The Federal agency 

shall not be subject to the requirement 

that the recipient be paid a fee for 

participation in consumer tests. Upon 

written request, the manager, PCSC, 

may, in his or her discretion, waive 

certain of the application requirements. 

* * * * * 

608 Postal Information and Resources 

* * * * * 

8.0 USPS Contact Information 

* * * * * 

8.4. PCSC and District Business Mail 

Entry Offices Contact Information 

[Add second listing to the PCSC under 

the current listing as follows:] 

4.1 Pricing and Classification Service 

Center (PCSC) 

For return receipts mailed under the 

provisions in 601.11.5, 601.11.7, and 

601.11.8, use the following address: 

PCSC, PACT MAILING OFFICE, USPS 

ELIGIBILITY NO. XX–00–0000, 90 

Church Street Suite 3100, New York, 

NY 10007–2951 

* * * * * 

We will publish an amendment to 39 

CFR part 111 to reflect these changes. 

Stanley F. Mires, 

Chief Counsel, Legislative. 

[FR Doc. 2010–12869 Filed 5–25–10; 11:15 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2009–0612–200914(a); 

FRL–9155–3] 

Approval and Promulgation of Air 

Quality Implementation Plans: Florida; 

Approval of Section 110(a)(1) 

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 ensure 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 July 26, 

2010 without further notice, unless EPA 

receives relevant adverse comment by 

June 28, 2010. 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. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: benjamin.lynorae@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 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 a.m. to 4:30 p.m., 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 

http://www.regulations.gov, 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 http://www.regulations.gov or 

e-mail, information that you consider to 

be CBI or otherwise protected. The 

http://www.regulations.gov Web site 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 http:// 

www.regulations.gov, 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 

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29672 Federal Register / Vol. 75, No. 102 / Thursday, May 27, 2010 / Rules and Regulations 

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 

http://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 http:// 

www.regulations.gov 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 a.m. to 

4:30 p.m., 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 

II. Analysis of Florida’s Submittals 

III. 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 1-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 1-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 1-hour ozone 

NAAQS. Likewise, 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 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)(1) 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)(1) 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 

110(a)(1) CAA requirements for a plan 

providing for maintenance of the 1997 

8-hour ozone NAAQS in the 

Jacksonville, Tampa Bay and Southeast 

Florida Areas. 

II. 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)(1) of the CAA and the provisions 

of EPA’s Phase 1 Rule (see 40 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 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)(1) 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 

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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, 2011 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. Non-road 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

[Tons/day] 

Southeast Florida Tampa Bay Jacksonville 

Miami-Dade Broward Palm Beach Total Hillsborough Pinellas Total Duval 

VOC 

Point Source .... 4.68 4.28 1.44 10.40 5.19 2.81 8.00 5.61 

Area Source ..... 132.08 96.74 73.77 302.60 72.34 61.20 133.54 59.53 

On-Road ........... 131.07 107.43 80.69 319.19 81.76 61.47 143.23 64.13 

Non Road ......... 52.79 37.39 55.74 145.92 29.39 22.97 52.36 25.39 

Total .......... 320.63 245.54 211.64 778.11 188.67 148.45 337.13 154.65 

NOX

Point Source .... 40.23 58.76 25.33 124.32 151.02 25.64 176.66 115.47 

Area Source ..... 7.41 5.08 3.53 16.02 4.39 15.63 20.02 6.10 

On-Road ........... 144.95 120.19 91.31 356.46 92.88 62.63 155.51 72.68 

Non Road ......... 57.42 54.79 39.62 151.82 86.98 18.41 105.39 43.34 

Total .......... 250.01 238.82 159.79 648.62 335.26 122.31 457.57 237.60 

TABLE 2—2009 PROJECTED VOC AND NOX EMISSIONS INVENTORY

[Tons/day] 

Southeast Florida Tampa Bay Jacksonville 

Miami-Dade Broward Palm Beach Total Hillsborough Pinellas Total Duval 

VOC 

Point Source .... 3.74 3.95 1.19 8.87 5.12 2.49 7.61 5.62 

Area Source ..... 140.57 103.37 77.41 321.35 77.18 65.88 143.06 62.55 

On-Road ........... 77.98 66.24 50.31 194.53 50.22 37.64 87.86 39.26 

Non Road ......... 41.55 27.40 39.46 108.41 22.47 17.58 40.05 18.23 

Total .......... 263.84 200.95 168.36 633.16 154.98 123.59 278.57 125.67 

NOX

Point Source .... 24.75 18.39 7.31 50.45 16.62 5.03 21.65 21.43 

Area Source ..... 7.36 5.05 3.53 15.95 4.46 12.68 17.13 6.43 

On-Road ........... 93.47 79.81 61.32 234.60 61.62 41.79 103.41 47.94 

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TABLE 2—2009 PROJECTED VOC AND NOX EMISSIONS INVENTORY—Continued 

[Tons/day] 

Southeast Florida Tampa Bay Jacksonville 

Miami-Dade Broward Palm Beach Total Hillsborough Pinellas Total Duval 

Non Road ......... 52.07 49.55 34.11 135.72 80.40 15.38 95.78 39.13 

Total .......... 177.64 152.80 106.27 436.72 163.10 74.88 237.98 114.93 

TABLE 3—2018 PROJECTED VOC AND NOX EMISSIONS INVENTORY

[Tons/day] 

Southeast Florida Tampa Bay Jacksonville 

Miami-Dade Broward Palm Beach Total Hillsborough Pinellas Total Duval 

VOC 

.

Point Source .... 4.64 4.95 1.54 11.13 6.39 3.29 9.68 6.63 

Area Source ..... 168.91 124.81 90.22 33.94 90.21 79.95 170.16 73.89 

On-Road ........... 49.76 43.85 33.54 127.15 33.14 24.81 57.94 25.85 

Non Road ......... 41.61 27.56 36.15 105.32 21.17 16.02 37.19 17.08 

Total .......... 264.92 201.16 161.45 627.52 150.90 124.07 274.97 123.45 

NOX

Point Source .... 28.52 16.93 9.64 55.08 18.25 6.96 25.22 22.20 

Area Source ..... 7.84 5.39 3.78 17.0 5.03 13.86 18.90 6.89 

On-Road ........... 42.41 37.74 29.17 109.31 28.81 19.84 48.64 22.42 

Non Road ......... 40.34 39.56 21.90 101.80 67.67 9.86 77.52 31.13 

Total .......... 119.11 99.62 64.48 283.21 119.76 50.52 170.28 82.65 

TABLE 4—PROJECTIONS OF ANTHROPOGENIC VOC AND NOX EMISSIONS

[Tons/day] 

Year 

Southeast Florida Tampa Bay Jacksonville 

Miami-Dade Broward Palm Beach Total Hillsborough Pinellas Total Duval 

VOC 

2002 ................. 320.63 245.84 211.64 778.11 188.67 148.45 337.13 154.65 

2005 ................. 296.29 226.61 193.09 715.99 174.24 137.80 312.03 142.23 

2008 ................. 271.96 207.37 174.55 653.87 159.80 127.14 286.94 129.81 

2009* ................ 263.84 200.95 168.36 633.16 154.98 123.59 278.57 125.67 

2011 ................. 264.08 201.00 166.83 631.91 154.08 123.70 277.77 125.17 

2014 ................. 264.44 201.07 164.52 630.04 152.71 123.85 276.57 124.44 

2018* ................ 264.92 201.16 161.45 627.52 150.90 124.07 274.97 123.45 

NOX

2002 ................. 250.01 238.82 159.79 648.62 335.26 122.31 457.57 237.60 

2005 ................. 219.00 201.95 136.85 557.81 261.48 101.98 363.46 185.03 

2008 ................. 187.98 165.09 113.92 466.99 187.70 81.66 269.35 132.45 

2009* ................ 177.64 152.80 106.27 436.72 163.10 74.88 237.98 114.93 

2011 ................. 164.64 140.98 96.99 402.61 153.47 69.47 222.94 107.75 

2014 ................. 145.13 123.25 83.06 351.44 139.02 61.35 200.37 97.00 

2018* ................ 119.11 99.62 64.48 283.21 119.76 50.52 170.28 82.65 

* More detailed 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 

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Federal Register / Vol. 75, No. 102 / Thursday, May 27, 2010 / Rules and Regulations 29675 

1The 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. 

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, 2011, 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 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, 2011 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 

Heater/RICE 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) Atlanta/Northern 

Kentucky/Birmingham 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 CAIR 

or the NOX SIP Call in the Jacksonville, 

Tampa Bay, and Southeast Florida 

Areas. Hence, the recent remand of 

CAIR 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 1

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 

1970s. For the Tampa Bay Area, the 

most recent year of a monitored 8-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 8-HOUR OZONE DESIGN VALUES

[Ppm] 

Year Jacksonville Tampa Bay Southeast Florida 

2001–2003 ................................................................................... 0.070 0.080 0.071 

2002–2004 ................................................................................... 0.070 0.078 0.068 

2003–2005 ................................................................................... 0.073 0.078 0.067 

2004–2006 ................................................................................... 0.076 0.079 0.068 

2005–2007 ................................................................................... 0.077 0.080 0.074 

2006–2008 ................................................................................... 0.075 0.081 0.074 

2007–2009 ................................................................................... 0.070 0.078 0.069 

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29676 Federal Register / Vol. 75, No. 102 / Thursday, May 27, 2010 / Rules and Regulations 

2States are generally preempted from prescribing 

low volatility fuel requirements that are different 

from those prescribed by EPA under CAA section 

211(c)(4). Therefore, EPA notes that consideration 

of the preemption provisions of 211(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 211(c)(4)(C). See 

‘‘Guidance on use of opt-in to RFG and low RVP 

requirements in ozone SIPs’’ at http://www.epa.gov/ 

otaq/regs/fuels/rvpguide.pdf and the ‘‘Boutique 

fuels list under Section 1541(b) of the Energy Policy 

Act’’ at http://www.epa.gov/EPA–AIR/2006/ 

December/Day-28/a22313.htm. 

Based on Table 5 above, the 

maximum design values identified 

demonstrate attainment 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 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 Jacksonville, 

Tampa Bay and Southeast Florida 

Areas’ monitors exceeds the 1997 8- 

hour ozone 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 

110(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 nonattainment new source 

review; (2) mandate less volatile 

gasoline 2; (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 costeffective emissions reduction. 

These contingency measures and 

schedules for implementation satisfy 

EPA’s long-standing guidance on the 

requirements of section 110(a)(1) 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 II). 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. 

III. 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 July 26, 2010 

without further notice unless the 

Agency receives adverse comment by 

June 28, 2010. 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 July 26, 2010 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 51735, 

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.); 

• 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 (Pub. L. 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 13211 (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 

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Federal Register / Vol. 75, No. 102 / Thursday, May 27, 2010 / Rules and Regulations 29677 

• 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 13175 (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 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 July 26, 2010. 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 in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Incorporation by reference, 

Ozone, Nitrogen dioxides, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: May 11, 2010. 

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 ‘‘110(a)(1) Maintenance 

Plan for the Southeast Florida Area’’, 

‘‘110(a)(1) Maintenance Plan for the 

Tampa Area’’, and ‘‘110(a)(1) 

Maintenance Plan for the Jacksonville, 

Florida Area’’ 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 

* * * * * * * 

110(a)(1) Maintenance Plan for the 

Southeast Florida Area.

July 2, 2009 .......... July 26, 2010. ....... [Insert citation of 

publication].

110(a)(1) maintenance plan for 1997 

8-hour ozone NAAQS. 

110(a)(1) Maintenance Plan for the 

Tampa, Florida Area.

July 2, 2009 .......... July 26, 2010, ....... [Insert citation of 

publication].

110(a)(1) maintenance plan for 1997 

8-hour ozone NAAQS. 

110(a)(1) Maintenance Plan for the 

Jacksonville, Florida Area.

July 2, 2009 .......... July 26, 2010. ....... [Insert citation of 

publication].

110(a)(1) maintenance plan for 1997 

8-hour ozone NAAQS. 

[FR Doc. 2010–12660 Filed 5–26–10; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 2, 90, and 95 

[WP Docket No. 07–100; FCC 10–75] 

PLMR Licensing; Frequency 

Coordination and Eligibility Issues 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; clarification. 

SUMMARY: In this document, the 

Commission, on its own motion, 

clarifies certain rules adopted in a 

previous decision in this proceeding to 

further explain our analysis underlying 

this decision. We also clarify the rule 

change removing the frequency 

coordination requirement for 

applications to modify private land 

mobile radio licenses by reducing the 

authorized bandwidth. 

FOR FURTHER INFORMATION CONTACT: Scot 

Stone, Wireless Telecommunications 

Bureau, at (202) 418–0638, or by e-mail 

at Scot.Stone@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Federal Communication 

Commission’s Order on Reconsideration 

in WP Docket No. 07–100, FCC 10–75, 

adopted on May 4, 2010, and released 

on May 6, 2010. This document is 

available to the public at http:// 

hraunfoss.fcc.gov/edocs_public/ 

attachmatch/FCC–10–75A1.doc. 

Synopsis of the Order on 

Reconsideration 

1. In this Order on Reconsideration, 

we act on our own motion to clarify the 

bases for certain rule changes adopted 

in the above-captioned proceeding. In 

the Second Report and Order published 

at 75 FR 19277, April 14, 2010, in this 

proceeding, we amended our rules to 

provide that Wireless Medical 

Telemetry Service (WMTS) operations 

are not permitted in the portions of the 

1427–1432 MHz band where nonmedical telemetry has primary status. 

We take this opportunity to further 

explain our analysis underlying this 

decision. We also clarify the rule change 

removing the frequency coordination 

requirement for applications to modify 

WReier-Aviles on DSKGBLS3C1PROD with RULES