Rule2021-11541
Air Plan Approval; Florida; Maintenance Plan Update for the Hillsborough County Lead Area
Primary source
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Published
June 4, 2021
Effective
July 6, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is finalizing approval of a State Implementation Plan (SIP) revision submitted by the State of Florida, through the Florida Department of Environmental Protection (FDEP), on January 23, 2020. The SIP revision updates the attainment emissions inventory and the maintenance demonstration, including the projected future emissions inventories, in the maintenance plan for the Hillsborough County lead maintenance area (hereinafter referred to as the "Hillsborough Area" or "Area") for the 2008 lead national ambient air quality standards (NAAQS). The SIP revision also incorporates recent changes to the air construction permit for the EnviroFocus Technologies, LLC (EnviroFocus) facility in the Area that are related to an increase in the refined lead production limit. EPA believes that this SIP revision meets all relevant Clean Air Act (CAA or Act) statutory and regulatory requirements, is consistent with EPA's guidance, and is in accordance with EPA's September 11, 2018, redesignation of the Hillsborough Area from nonattainment to maintenance.
Full Text
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<title>Federal Register, Volume 86 Issue 106 (Friday, June 4, 2021)</title>
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[Federal Register Volume 86, Number 106 (Friday, June 4, 2021)]
[Rules and Regulations]
[Pages 29949-29951]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-11541]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2020-0185; FRL-10024-49-Region 4]
Air Plan Approval; Florida; Maintenance Plan Update for the
Hillsborough County Lead Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is finalizing
approval of a State Implementation Plan (SIP) revision submitted by the
State of Florida, through the Florida Department of Environmental
Protection (FDEP), on January 23, 2020. The SIP revision updates the
attainment emissions inventory and the maintenance demonstration,
including the projected future emissions inventories, in the
maintenance plan for the Hillsborough County lead maintenance area
(hereinafter referred to as the ``Hillsborough Area'' or ``Area'') for
the 2008 lead national ambient air quality standards (NAAQS). The SIP
revision also incorporates recent changes to the air construction
permit for the EnviroFocus Technologies, LLC (EnviroFocus) facility in
the Area that are related to an increase in the refined lead production
limit. EPA believes that this SIP revision meets all relevant Clean Air
Act (CAA or Act) statutory and regulatory requirements, is consistent
with EPA's guidance, and is in accordance with EPA's September 11,
2018, redesignation of the Hillsborough Area from nonattainment to
maintenance.
DATES: This rule is effective July 6, 2021.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-RO4-OAR-2020-0185. All documents in the docket
are listed on the <a href="http://www.regulations.gov">www.regulations.gov</a> website. 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 <a href="http://www.regulations.gov">www.regulations.gov</a> or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air and Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Andres Febres, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, Region 4, U.S. Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-8966. Mr. Febres can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#3553505747504618585447415c5b504f1b545b51475046755045541b525a43"><span class="__cf_email__" data-cfemail="6503000717001648080417110c0b001f4b040b01170016250015044b020a13">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On November 12, 2008 (73 FR 66964), EPA promulgated a revised
primary and secondary lead NAAQS of 0.15 micrograms per cubic meter
([micro]g/m\3\). Under EPA's regulations at 40 CFR part 50, the 2008
lead NAAQS are met when the maximum arithmetic 3-month mean
concentration for a 3-year period, as determined in accordance with
Appendix R of 40 CFR part 50, is less than or equal to 0.15 [micro]g/
m\3\. See 40 CFR 50.16. Ambient air quality monitoring data for the 3-
year period must meet a data completeness requirement.
EPA designated the Hillsborough Area \1\ as a nonattainment area
for the 2008 lead NAAQS on November 22, 2010 (75 FR 71033), effective
December 31, 2010, using 2007-2009 ambient air quality data. This
established an attainment date of five years after the December 31,
2010, effective date for the 2008 lead nonattainment designations
pursuant to CAA section 172(a)(2)(A). Therefore, the Hillsborough
Area's attainment date was December 31, 2015.
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\1\ The Hillsborough Area is comprised of a portion of
Hillsborough County in Florida bounded by a 1.5 km radius centered
at Universal Transverse Mercator coordinates 364104 meters East,
30093830 meters North, Zone 17, which surrounds Envirofocus.
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On April 16, 2015 (80 FR 20441), EPA published a final rule that
approved a SIP revision, comprised of an attainment plan, based on
Florida's attainment demonstration for the Hillsborough Area that
included the base year emissions inventory requirements, a modeling
demonstration of attainment for the 2008 lead NAAQS, reasonably
available control measure requirements that included reasonably
available control technology, a
[[Page 29950]]
reasonable further progress plan, and CAA section 172(c)(9) contingency
measures for the Hillsborough Area.
Subsequently, on September 11, 2018 (83 FR 45836), EPA published a
final rule that approved Florida's March 26, 2018, redesignation
request and associated SIP revision for the Hillsborough Area.
Specifically, EPA took three separate but related final actions
regarding the Hillsborough Area: (1) Determined that the Hillsborough
Area attained the 2008 lead NAAQS based on complete, quality-assured,
and certified ambient monitoring data for the 2014-2016 period, and
that the Hillsborough Area continued to attain the standard based on
complete, quality-assured, and certified ambient monitoring data for
the 2015-2017 period; (2) approved the maintenance plan for the
Hillsborough Area and incorporated it into the Florida SIP; and (3)
approved Florida's request for redesignation of the Hillsborough Area
from nonattainment to attainment for the 2008 lead NAAQS.
Finally, on January 23, 2020, Florida submitted a SIP revision that
seeks to update the attainment emissions inventory and the maintenance
demonstration, including the projected future emissions inventories, in
the maintenance plan for the Area.\2\ The SIP revision also seeks to
incorporate recent changes to the air construction permit for the
EnviroFocus facility that are related to an increase in the refined
lead production limit. A detailed description of the changes, as well
as EPA's rationale for approving the January 23, 2020, SIP revision,
can be found in the Notice of Propose Rulemaking (NPRM), which
published on March 25, 2021. See 86 FR 15840). Comments on the March
25, 2021, NPRM were due on or before April 26, 2021. No comments were
received.
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\2\ Florida's SIP revision did not seek changes to any other
portions of the maintenance plan. Therefore, those portions of the
plan remain in the SIP as approved by EPA in its September 11, 2018,
action (83 FR 45836).
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II. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, EPA is finalizing the incorporation by reference into
Florida's SIP, Air Construction Permit No. 0570057-27-AC, issued by
FDEP to EnviroFocus with an effective date of December 14, 2012, except
for the following: (1) Conditions not specifically related to lead
emissions; (2) Section 3, Subsection B, Specific Condition 3; (3)
Section 3, Subsection B, Specific Condition 10; (4) Section 3,
Subsection C, Specific Condition 5; and (5) Section 3, Subsection G,
Specific Condition 5. EPA is also incorporating by reference into
Florida's SIP the following conditions from Air Construction Permit No.
0570057-37-AC, issued by FDEP to EnviroFocus with an effective date of
November 6, 2019: (1) Section 3, Subsection B, Specific Condition 2;
\3\ (2) Section 3, Subsection B, Specific Condition 3a; \4\ (3) Section
3, Subsection C, Specific Condition 1; \5\ and (4) Section 3,
Subsection D, Specific Condition 1.\6\ EPA has made, and will continue
to make, these materials generally available through
<a href="http://www.regulations.gov">www.regulations.gov</a> and at the EPA Region 4 Office (please contact the
person identified in the For Further Information Contact section of
this preamble for more information). Therefore, these materials have
been approved by EPA for inclusion in the State implementation plan,
have been incorporated by reference by EPA into that plan, are fully
federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of EPA's approval, and will be
incorporated by reference in the next update to the SIP compilation.\7\
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\3\ This provision states: ``Lead Production: The maximum
refined lead production from the EFT facility shall not exceed
200,000 tons in any consecutive twelve-month period. [Application
No. 0570057-037-AC and Rule 62-210.200 (PTE), F.A.C.]''
\4\ This provision states: ``Furnace Capacities: Any equipment
or any other changes authorized as part of this permit, shall not
result in any capacity increase of the reverb or blast furnaces. The
reverb furnace shall still be limited to a maximum charge rate of
960 tons per day (TPD) with a maximum capacity of 338,400 tons in
any twelve-month consecutive period. The blast furnace shall still
have a maximum charge rate of 180 TPD with a maximum capacity of
65,700 tons in any twelve-month consecutive period. [Application No.
050057-037-AC; Rules 62-4.070(3) and 62-210.200(PTE), F.A.C.]''
\5\ This provision states: ``Lead Production: The maximum
refined lead produced from the EFT facility shall not exceed 200,000
tons in any consecutive twelve-month period. [Application No.
0570057-037 and Rule 62-210.200(PTE), F.A.C.]''
\6\ This provision states: ``Production: The maximum refined
lead produced from the enclosed facility shall not exceed 200,000
tons any consecutive twelve-month period. [Application No. 0570057-
037-AC and Rule 62.210.200(PTE), F.A.C.]''
\7\ See 62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is approving changes regarding the Hillsborough Area as
presented in Florida's January 23, 2020, SIP revision. The changes
include corrections to the attainment emissions inventory and the
maintenance demonstration, including the projected future emissions
inventories, in the maintenance plan for the Area. The SIP revision
also includes recent changes to the construction permit for the
EnviroFocus facility that authorize an increase in the refined lead
production limit at the facility. EPA finds that the changes to the SIP
will not interfere with any applicable requirement concerning
attainment, RFP, or any other applicable requirement of the CAA. EPA
therefore is incorporating the changes to the maintenance plan and the
facility's permit into the Florida SIP.
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. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. 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
[[Page 29951]]
appropriate, disproportionate human health or environmental effects,
using practicable and legally permissible methods, under Executive
Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. 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 August 3, 2021. 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, Carbon monoxide,
Incorporation byreference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: May 26, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 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. Section 52.520 is amended in paragraph (d) by adding two entries at
the end of the table for ``EnviroFocus Technologies, LLC'' and in
paragraph (e) by adding an entry at the end of the table for ``2008
Lead NAAQS Maintenance Plan for the Hillsborough Area'' to read as
follows:
Sec. 52.520 Identification of plan.
* * * * *
(d) * * *
EPA-Approved Florida Source-Specific Requirements
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State
Name of source Permit No. effective date EPA approval date Explanation
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* * * * * * *
EnviroFocus Technologies, LLC.. Air Construction 12/14/2012 6/4/2021 [Insert Except for conditions
Permit No. citation of not specifically
0570057-27-AC. publication]. related to lead
emissions; Section 3,
Subsection B, Specific
Conditions 3 and 10;
Section 3, Subsection
C, Specific Condition
5; and Section 3,
Subsection G, Specific
Condition 5.
EnviroFocus Technologies, LLC.. Air Construction 11/6/2019 6/14/2021 [Insert Only incorporating the
Permit No. citation of following conditions:
0570057-37-AC. publication]. Section 3, Subsection
B, Specific Conditions
2 and 3a; Section 3,
Subsection C, Specific
Condition 1; and
Section 3, Subsection
D, Specific Condition
1.
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(e) * * *
EPA-Approved Florida Non-Regulatory Provisions
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State Federal Register
Provision effective date EPA approval date notice Explanation
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* * * * * * *
2008 Lead NAAQS Maintenance 1/23/2020 6/4/2021.......... [Insert citation Updates to the
Plan for the Hillsborough Area. of publication]. attainment emissions
inventory and the
maintenance
demonstration,
including the
projected future
emissions inventories,
in the March 26, 2018
maintenance plan.
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[FR Doc. 2021-11541 Filed 6-3-21; 8:45 am]
BILLING CODE 6560-50-P
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