[Federal Register Volume 80, Number 24 (Thursday, February 5, 2015)]
[Proposed Rules]
[Pages 6485-6491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-02335]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52

[EPA-R04-OAR-2014-0220; FRL-9922-41-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: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the state implementation plan (SIP), submitted by 
the State of Florida through the Florida Department of Environmental 
Protection (FL DEP), to EPA 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 
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: Written comments must be received on or before March 9, 2015.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R04-OAR-2014-0220 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (404) 562-9019.
    4. Mail: EPA-R04-OAR-2014-0220 Air Regulatory Management Section 
(formerly the Regulatory Development Section), Air Planning and 
Implementation Branch (formerly the 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: Ms. Lynorae Benjamin, Chief, 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. 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-
2014-0220. 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.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 www.regulations.gov or 
email, information that you consider to be CBI or otherwise protected. 
The 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 email 
comment directly

[[Page 6486]]

to EPA without going through www.regulations.gov, your email 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.gov or 
in hard copy at the 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. 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 of the Air Regulatory 
Management Section in the 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. Mr. Farngalo may be reached by phone at (404) 562-9152, or 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What action is EPA proposing to take?
II. What is the background for EPA's proposed action?
III. What is included in Florida's attainment plan submittal for the 
Hillsborough area?
IV. What is EPA's analysis of Florida's submittal for the 
Hillsborough area?
    1. Pollutants Addressed
    2. Emissions Inventory Requirements
    3. Attainment Planning Modeling
    4. RACM/RACT
    5. RFP Plan
    6. Contingency Measures
    7. Attainment Date
V. Proposed Action
VI. Statutory and Executive Order Reviews

I. What action is EPA proposing to take?

    EPA is proposing to approve Florida's SIP revisions for the 
Hillsborough Area, as submitted through FL DEP to EPA on June 29, 2012 
(and later 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 preliminarily 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 proposing to approve Florida's 
attainment plan for the Hillsborough Area as submitted on June 29, 
2012, and later amended on June 27, 2013. EPA's analysis for this 
proposed action is discussed in Section IV of this proposed rulemaking.

II. What is the background for EPA's proposed action?

    On November 12, 2008 (73 FR 66964), EPA revised the Lead NAAQS, 
lowering the level from 1.5 micrograms per cubic meter ([mu]g/m\3\) to 
0.15 [mu]g/m\3\ calculated over a three-month rolling average. EPA 
established the 2008 Lead 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 on 
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 SIP submittal for the Hillsborough Area on 
June 29, 2012 (and later amended on June 27, 2013), which included the 
base year emissions inventory and the attainment demonstration. EPA's 
analysis of the submitted attainment plan includes a review of the 
pollutant addressed, emissions inventory requirements, modeling, RACT 
and RACM requirements, RFP plan, and contingency measures for the 
Hillsborough Area.

III. What is included in Florida's attainment plan submittal for the 
Hillsborough area?

    In accordance with section 172(c) of the CAA and the SIP Toolkit, 
the Florida attainment plan for the Hillsborough Area includes: (1) An 
emissions inventory for the plan's base year (2009); and (2) an 
attainment demonstration. The attainment demonstration includes: 
technical analyses that locate, identify and quantify sources of 
emissions contributing to violations of the 2008 Lead NAAQS; a modeling 
analysis of an emissions control strategy for the EnviroFocus facility 
that attains the level of the Lead NAAQS by the attainment year (2015), 
a construction permit for the EnviroFocus facility that includes 
emissions reduction measures with schedules for implementation and 
compliance; and contingency measures required under section 172(c)(9) 
of the CAA.

IV. What is EPA's analysis of Florida's submittal for the Hillsborough 
area?

    The CAA requirements (see, e.g., section 172(c)(4)) and the Lead 
SIP regulations found at 40 CFR 51.117) require states to employ 
atmospheric dispersion modeling for the demonstration of attainment of 
the Lead NAAQS for areas in the vicinity of point sources listed in 40 
CFR 51.117(a)(1), as expeditiously as practicable. The demonstration 
must also meet the requirements of 40 CFR 51.112 and Part 51, Appendix 
W, and include inventory data, modeling results, and emissions 
reduction analyses on which the State has based its projected 
attainment. All these requirements comprise the ``attainment plan'' 
that is required for

[[Page 6487]]

lead nonattainment areas. In the case of the Hillsborough Area, EPA is 
proposing to approve the attainment plan submitted by Florida on June 
29, 2012, and later amended June 27, 2013. More detail on EPA's 
analysis is provided below.

1. Pollutants Addressed

    Florida's lead attainment plan evaluates lead emissions in the 
Hillsborough Area within the portion of Hillsborough County designated 
nonattainment for the 2008 Lead NAAQS. There are no precursors to 
consider for the lead attainment plan.

2. Emissions Inventory Requirements

    States are required under section 172(c)(3) of the CAA to develop 
comprehensive, accurate and current inventories of actual emissions 
from all sources of the relevant pollutant or pollutants in the area. 
These inventories provide a detailed accounting of all emissions and 
emission sources by precursor or pollutant. In the November 12, 2008, 
Lead Standard rulemaking, EPA finalized the emissions inventories 
requirements. The current regulations are located at 40 CFR 51.117(e), 
and include, but are not limited to, the following emissions inventory 
requirements:
     The SIP inventory must be approved by EPA as a SIP element 
and is subject to public hearing requirements; and
     The point source inventory upon which the summary of the 
baseline for lead emissions inventory is based must contain all sources 
that emit 0.5 or more tons of lead per year.
    For the base year inventory of actual emissions, EPA generally 
recommends using either the year 2010 or 2011 as the base year for the 
contingency measure calculations, but does provide flexibility for 
using other inventory years if states can show another year is more 
appropriate.\1\ For Lead SIPs, the CAA requires that all sources of 
lead emissions in the nonattainment area be submitted with the base-
year inventory. In today's action, EPA is proposing to approve the base 
year emissions inventory portion of the SIP revision submitted by 
Florida on June 29, 2012 (and later amended on June 27, 2013), as 
required by section 172(c)(3).
---------------------------------------------------------------------------

    \1\ See EPA document titled ``Addendum to the 2008 Lead NAAQS 
Implementation Questions and Answers'' dated August 10, 2012, 
included in EPA's SIP Toolkit located at http://www.epa.gov/air/lead/implement.html.
---------------------------------------------------------------------------

    The State of Florida did not elect to use 2011 or 2010 as the base 
year, but chose to use the year 2009 as the base year. The only source 
of lead emissions within the Hillsborough Area is EnviroFocus. The 
facility recycles and processes lead from lead-acid batteries and other 
lead-bearing materials and produces point source emissions from several 
stacks in addition to fugitive emissions. The design value used for 
designating the area as nonattainment was based on monitoring data from 
2007-2009. In addition, the facility undertook renovations beginning in 
2010, to fully enclose the facility and perform other RACM/RACT 
measures summarized in Table 3 below, which will facilitate attainment 
of the 2008 Lead NAAQS by the 2015 attainment date. The State of 
Florida elected to use the year 2009 as the base year, during which 
time the renovations activities commenced and further contributed to 
the monitoring violations that resulted in the Area being designated 
nonattainment for the revised Lead NAAQS. For the purposes of 
calculating the nonattainment area emissions inventory, lead emissions 
data were taken from the facility's 2009 Annual Operating Report (AOR) 
for EnviroFocus' stacks. According to this report, 0.5733 tons of lead 
emissions were emitted from stacks in 2009. On this basis, EPA is 
proposing to approve the State's decision to elect 2009 as a base year 
as appropriate for this purpose.
    Also included in the nonattainment area emissions inventory as 
point source emissions are the fugitive lead emissions associated with 
EnviroFocus' on-site truck traffic. The lead emissions associated with 
the on-site truck traffic were calculated with data used in the 
attainment modeling demonstration.\2\ The annual emissions for each 
road segment were then summed together to produce annual lead fugitive 
emissions associated with all on-site truck traffic. According to this 
calculation, 0.0142 tons of fugitive lead emissions were associated 
with on-site truck traffic at EnviroFocus in 2009.
---------------------------------------------------------------------------

    \2\ This was accomplished by applying the following mathematical 
formula: Pb emission rate (pounds (lbs) per hour)/2000 (lbs/ton) * 
16 (hours per day that the vehicles operate) * 365 (days per year).
---------------------------------------------------------------------------

    The emissions generated from on-site truck traffic are also 
attributed to the EnviroFocus facility and are therefore considered to 
be a portion of the point source category. As a result, the fugitive 
lead emissions associated with the on-site truck traffic were added to 
the stack lead emissions from EnviroFocus' 2009 AOR. With this 
adjustment, the lead emissions emitted from EnviroFocus in 2009 equals 
0.5875 tons of lead emissions.\3\ Table 1 identifies the 2009 base year 
for the emissions inventory for the Hillsborough Area.
---------------------------------------------------------------------------

    \3\ Not included in this figure are the unquantifiable fugitive 
emissions which have been considered to be the major contributor to 
monitored violations at the EnviroFocus facility in the past when 
the process areas were not completely enclosed.

     Table 1--2009 Base Year Nonattainment Area Emissions Inventory
                             [Tons per year]
------------------------------------------------------------------------
        Emissions unit             Unit description      Lead emissions
------------------------------------------------------------------------
EU 001 *......................  Blast Furnace Exhaust             0.3804
EU 004 *......................  Blast Furnace Tapping             0.1594
                                 & Charging.
EU 011 *......................  Four Refining Kettles             0.0232
EU 015 *......................  Blast Furnace                     0.0103
                                 Enclosure.
                                Quantifiable Fugitive             0.0142
                                 Emissions.
    Total.....................  .....................             0.5875
------------------------------------------------------------------------
* All four of the units are currently inactive as they have been
  replaced as a result of modernization of the facility.

    As previously mentioned, other than EnviroFocus, there are no other 
sources of lead emissions in the Hillsborough Lead nonattainment area. 
EnviroFocus began a reconstruction and modernization project in 2010 to 
fully enclose the facility in order to achieve compliance with the new 
Lead NAAQS. FL DEP has verified that the modernization work has been 
completed.
    EPA has preliminarily determined that the 2009 base year emissions

[[Page 6488]]

inventory estimates submitted are in compliance with section 172(c)(3). 
Therefore, EPA is proposing to approve Florida's base year emissions 
inventory for the 2008 Lead NAAQS for the Hillsborough Area.

3. Attainment Planning Modeling

    The Florida modeling analysis was prepared using EPA's preferred 
dispersion modeling system, the American Meteorological Society/
Environmental Protection Agency Regulatory Model (AERMOD) consisting of 
the AERMOD (version 12060) model and two data input preprocessors 
AERMET (version 11059), and AERMAP (version 11103), consistent with 
EPA's Modeling Guidance \4\ and 40 CFR 51.117. Other EPA processors 
used in the modeling include AIRMINUTE, AERSURFACE and LEADPOST 
(version 12114). More detailed information on the AERMOD Modeling 
system and other modeling tools and documents can be found on the EPA 
Technology Transfer Network Support Center for Regulatory Atmospheric 
Modeling (SCRAM) (http://www.epa.gov/ttn/scram/) and in Florida's June 
29, 2012 submittal, as amended on June 27, 2013, in the docket for this 
proposed action (EPA-R04-OAR-2014-0220) on the www.regulations.gov Web 
site. A brief description of the modeling used to support the State of 
Florida's attainment demonstration is provided below.
---------------------------------------------------------------------------

    \4\ 40 CFR part 51 Appendix W (EPA's Guideline on Air Quality 
Models) (November 2005) located at http://www.epa.gov/ttn/scram/guidance/guide/appw_05.pdf.
---------------------------------------------------------------------------

a. Modeling Approach
    The following is an overview of the air quality modeling approach 
used to demonstrate compliance with the 2008 Lead NAAQS, as submitted 
in Florida's June 29, 2012 submittal, as amended on June 27, 2013.
     Develop model inputs using the AERMOD modeling system and 
processors which include the:
    [cir] AERMOD pre-processors, AERMET and AERMAP to process five 
years (i.e., 2006-2010) of 1-minute meteorological data from the 
National Weather Service (NWS) at Ruskin and Tampa International 
Airport (the closest weather station to EnviroFocus), based on FL DEP's 
land use classifications, in combination with upper-air meteorological 
data from the Ruskin, Florida, NWS upper-air sounding site;
    [cir] AERMOD pre-processor, AERMAP to generate terrain inputs for 
the receptors, based on a digital elevation mapping database from the 
National Elevation Dataset developed by the U.S. Geological Survey;
    [cir] AERMOD pre-processor, AERSURFACE to generate direction 
specific land use based surface characteristics for the modeling;
    [cir] AERMINUTE processor to reduce the number of calm and missing 
winds in the surface data;
    [cir] Development of a Cartesian receptor grid across and along the 
nonattainment boundary (approximately 1.14 miles around the EnviroFocus 
facility), with 50 meter spacing in ambient air to ensure maximum 
concentrations are captured; and
    [cir] Development of all other input options commensurate with the 
EPA's Modeling Guidance;
    [cir] Selection of a Lead background concentration based on local 
lead monitoring data from monitoring station No. 12-057-0100 (known as 
the new ``Kenly'' monitor) for the period June 2010 to March 2012. The 
data was obtained from the EPA Air Quality System. This monitor is 
approximately 0.9 kilometers to the north of EnviroFocus. Due to its 
close proximity to the EnviroFocus facility, monitored concentrations 
at this station are strongly influenced by the facility's emissions. As 
a result, the data was filtered to remove measurements where the wind 
direction could transport pollutants from EnviroFocus to the station. 
More specifically, the data was filtered to remove measurements where 
at least one hour in the 24-hour measurement period had wind direction 
in the range of 175[deg] to 200[deg];
    [cir] Air quality modeling demonstration that includes all lead-
emitting sources for the EnviroFocus facility, as well as a complete 
lead modeling inventory of surrounding sources within 50 kilometers of 
the Significant Impact Area (SIA) Data for the modeling inventory for 
surrounding sources was obtained from FL DEP's Air Resource Management 
System (ARMS) database; and
    [cir] Fugitive emissions associated with paved roadways (i.e., 
truck traffic) on the EnviroFocus property were modeled based on the 
methodology described in the Texas Natural Resource Conservation 
Commission's guidelines, which was specifically developed for modeling 
roadway fugitive emissions. Similar to the Industrial Source Complex 
User's Guide (EPA, 1995d), emissions from roadways are represented as a 
series of volume sources (229 individual road segments). Emission 
factors were estimated based upon emissions formulas presented in 
Section 13 of AP-42. Since shipping is conducted with 18-wheeler 
trucks, maximum vehicle width and height for the State of Florida were 
used to estimate the dimensions of the volume sources. The modeling 
assumes continuous truck traffic from 6:00 a.m. to 10:00 p.m., seven 
days a week, which is a conservative estimate. The methodology for 
modeling fugitive emissions from roadways was described in the SIP 
proposed by EnviroFocus and its consultant in 2009, as part of the 
facility's original permit modeling demonstration. The emissions 
sources for EnviroFocus and roadway sources used in the modeling are 
included in the Florida SIP, as amended on June 27, 2013.
     Develop 2009 base year and the 2015 control strategy 
emissions inventories for input in the air quality model to perform 
current and control dispersion modeling. The modernization has been 
completed. The maximum allowable emissions post modernization will be 
0.96 tons per year (tpy) of lead emissions, which are slightly less 
than the allowable emissions prior to the modernization (i.e., 0.97 
tpy) which did not account for the substantial fugitive emissions. As 
detailed below, the air quality analysis demonstrates that the 
modernized facility will comply with the revised Lead NAAQS because the 
unquantifiable fugitive emissions will be greatly reduced, primarily 
due to the negative-pressure total enclosure of all process areas. More 
specifically, virtually all of the current fugitive emissions will be 
contained and filtered, with over 99 percent control efficiency prior 
to being released through the building ventilation stacks.
     Process AERMOD outputs through EPA's LEADPOST post 
processor (version 12114) deriving the maximum 3-month average rolling 
design value across the five year meteorological data period.
b. Modeling Results
    The Lead NAAQS compliance results of the attainment modeling are 
summarized in Table 2 below. Table 2 presents the results from the 
AERMOD modeling that were performed. The modeling used five years 
(2006-2010) of meteorological data from the NWS site in Tampa, Florida, 
as processed through AERSURFACE, to develop surface characteristics 
inputs. Modeling with one set of data was also used since on-site 
meteorological data is not available at the EnviroFocus facility.
    As can be seen in Table 2, the maximum 3-month rolling average 
across all five years of meteorological data (2006-2010) is less than 
or equal to the 2008 Lead NAAQS of 0.15 [mu]g/m\3\ for one set of 
AERMOD modeling runs. Output from the LEADPOST processor

[[Page 6489]]

which details all of the concentrations can be found in the body of the 
June 29, 2012 submittal, as amended on June 27, 2013.

                                                          Table 2--Summary of Modeling Results
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       Maximum predicted      Background
            Pollutant                Averaging time      impact ([mu]g/     concentration       Total impact     NAAQS ([mu]g/m\3\)  Impact greater than
                                                             m\3\)           ([mu]g/m\3\)       ([mu]g/m\3\)                                NAAQS
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pb..............................  3-month rolling....              0.115              0.016             * 0.13  0.15 [mu]g/m\3\....  No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* This is the maximum 3 month rolling average.

    The post-control, which includes the RACM and RACT analysis, 
resulted in a predicted impact of 0.115 [mu]g/m\3\ (NWS MET data) and 
0.016 [mu]g/m\3\ background data. This data indicates significant 
reductions in air quality impacts with the future implementation of the 
post-construction control plan for the EnviroFocus facility. This data 
also supports that the controls represent RACM and RACT for the SIP, 
with the control strategy for the facility as reflected in the 
facility's construction permit, which includes negative pressure total 
enclosure of the process area and compliance with the Secondary Lead 
MACT (40 CFR part 63, subpart X). More details on the pre-construction 
and post-construction operations at the facility are included in the 
Florida SIP. Therefore, on this basis, FL DEP asserted that the 
proposed controls are RACM/RACT and should be sufficient to attain 2008 
Lead NAAQS.
    EPA has reviewed the modeling that Florida submitted to support the 
attainment demonstration for the Hillsborough Area and has 
preliminarily determined that this modeling is consistent with CAA 
requirements, Appendix W and EPA guidance for lead attainment 
demonstration modeling.

4. RACM/RACT

a. Requirements for RACM/RACT
    CAA section 172(c)(1) requires that each attainment plan provides 
for the implementation of all reasonably available control measures, as 
expeditiously as practicable and attainment of the NAAQS. EPA 
interprets RACM, including RACT, under section 172, as measures that a 
state determines to be both reasonably available and contribute to 
attainment as expeditiously as practicable in the nonattainment area. A 
comprehensive discussion of the RACM/RACT requirement for lead 
attainment plans and EPA's guidance can be found in the SIP Toolkit.\5\
---------------------------------------------------------------------------

    \5\ ``SIP Toolkit--Attainment Demonstrations and Air Quality 
Modeling,'' dated April 12, 2012, located at http://www.epa.gov/air/lead/kitmodel.html.
---------------------------------------------------------------------------

b. Florida's Evaluation of RACM/RACT Control Measures for the 
Hillsborough Area
    On June 29, 2012, and later amended on June 27, 2013, FL DEP 
submitted a SIP revision that included a construction permit that was 
issued to EnviroFocus for proposed control measures to reduce lead 
emissions. Specifically, the construction permit reflecting RACT 
controls is included in Section 1-3 of the June 29, 2012 submittal, as 
amended, on June 27, 2013. In accordance with the schedule in the 
construction permit, the EnviroFocus facility was required to implement 
the controls on or before December 31, 2015. As discussed in the 
modeling section above, it is projected that the total enclosure of the 
building will capture about 99 percent of the fugitive lead emissions, 
and provide sufficient emissions reductions for the Hillsborough Area 
to attain the 2008 Lead NAAQS. FL DEP represented to EPA that 
EnviroFocus has completed implementation of the RACM controls 
identified in the permit and summarized in Table 3 below:

                    Table 3--Summary of RACM Controls
------------------------------------------------------------------------
      Description of measure                     Explanation
------------------------------------------------------------------------
Total Enclosure of Facility.......  EnviroFocus Technologies, LLC
                                     totally enclosed the facility with
                                     negative pressure. Ventilated air
                                     will be exhausted from the facility
                                     by two large 195,000 and 160,000
                                     actual cubic feet per minute Torit
                                     cartridge collector filters. The
                                     Torit filters will have high
                                     efficiency particulate air filters
                                     downstream of them. The filter
                                     gases will be emitted from two
                                     stacks with heights of 130 and 190
                                     feet (capable of achieving over 99
                                     percent control efficiency).
Baghouses.........................  EnviroFocus Technologies, LLC will
                                     use baghouses that are capable of
                                     achieving over 99 percent
                                     efficiency for exhaust control of
                                     all the smelting and refining
                                     operations.
Local Exhaust Vents (LEVs)........  EnviroFocus Technologies, LLC will
                                     capture fugitive emissions from the
                                     process using enclosure hoods.
Wet suppression...................  EnviroFocus Technologies, LLC will
                                     use the sprinkler system, vacuum
                                     sweeping, and wheel washing of
                                     vehicles prior to exiting the
                                     building to control fugitive
                                     emissions on the facility ground
                                     and roadways.
------------------------------------------------------------------------

c. Proposed Action on RACM/RACT Demonstration and Control Strategy
    EPA is proposing to approve Florida's determination that the 
proposed controls for lead emissions at EnviroFocus constitute RACM/
RACT for that source in the Hillsborough Area based on the summary 
above. Further, as summarized above, EPA proposes that no further 
controls will be required at the EnviroFocus facility and that the 
proposed controls are sufficient for RACM/RACT purposes for the 
Hillsborough Area, at this time.
    Since the Hillsborough Area is projected to have attaining levels 
of the 2008 Lead NAAQS by the 2015 attainment date, and at this time, 
no additional measures could be adopted to achieve attainment one year 
sooner, EPA proposes to approve Florida's June 29, 2012 submittal, 
amended on June 27, 2013, as meeting the RACM/RACT requirements of the 
SIP Toolkit and that

[[Page 6490]]

the level of control in the State's submission constitutes RACM/RACT 
for purposes of the 2008 Lead NAAQS. By approving these control 
measures as RACM/RACT for the EnviroFocus facility for purposes of 
Florida's attainment planning, these control measures will become 
permanent and enforceable SIP measures to meet the requirements of the 
CAA and the 2008 Lead NAAQS.

5. RFP Plan

    Section 172(c)(2) of the CAA requires that an attainment plan 
includes a demonstration that shows reasonable further progress for 
meeting air quality standards will be achieved through generally linear 
incremental improvement in air quality. The term ``reasonable further 
progress'' is defined in section 171 to mean ``such annual incremental 
reductions in the emissions of the relevant air pollutant as are 
required'' for purposes of ensuring attainment of the applicable 
national ambient air quality standard by the applicable date. In 
accordance with section 172, the RFP requires implementation of all 
RACM/RACT as ``expeditiously as practicable.'' Historically, for some 
pollutants, RFP has been met by showing annual incremental emission 
reductions generally sufficient to maintain linear progress toward 
attainment by the applicable attainment date. As stated in the final 
Lead Rule (73 FR 67039), EPA concluded that it was appropriate that RFP 
requirements be satisfied by the strict adherence to an ambitious 
compliance schedule, which is expected to periodically yield 
significant emission reductions. For lead nonattainment areas, RFP is 
to be achieved by implementing an emission reduction compliance 
schedule outlined in the SIP. The RACM control measures for attainment 
of the 2008 Lead NAAQS included in the State's submittal have been 
modeled to achieve attainment of the NAAQS. The data summarized in 
Table 2, and analyzed above, demonstrates that the RACM controls in 
Table 3 will be implemented pursuant to an ambitious compliance 
schedule and will provide for significant emissions reductions for the 
Hillsborough Area. Based on the modeled attainment of the NAAQS, and 
the ambitious compliance schedule for the implementation of the control 
measures which will yield a significant reduction in lead emissions 
from the EnviroFocus facility, EPA has preliminarily determined that FL 
DEP's lead attainment plan for the 2008 Lead NAAQS meets the RFP 
requirements for the Hillsborough Area. EPA, therefore, proposes to 
approve the State's attainment plan with respect to the RFP 
requirements.

6. Contingency Measures

    In accordance with section 172(c)(9) of the CAA, contingency 
measures are required as additional measures to be implemented in the 
event that an area fails to meet the RFP requirements or fails to 
attain a standard by its attainment date. These measures must be fully 
adopted rules or control measures that can be implemented quickly and 
without additional EPA or state action if the area fails to meet RFP 
requirements or fails to meet its attainment date and should contain 
trigger mechanisms and an implementation schedule. In addition, these 
measures should be ones that are not already included in the SIP 
control strategy for attaining the standard.
    Based on all the improvements that were implemented for EnviroFocus 
above-referenced in Table 3 (Summary of RACM Controls) which are 
expected to reduce emissions of lead significantly, EPA has 
preliminarily determined that the 2008 Lead NAAQS can be achieved on a 
consistent basis. Since the RACM controls are expected to result in 
attainment of the Pb NAAQS or maintenance of RFP, any possible 
exceedances of the Pb NAAQS during any three month period after 
December 31, 2015 (the attainment date), is likely to be a result of a 
malfunction of one of the control measures. The contingency measures 
\6\ as discussed below will immediately take effect to offset an 
increase in air quality concentrations that are expected to result from 
emission increases due to the likelihood of control malfunction. For 
example, in the event of any exceedances, upon notification by FL DEP, 
EnviroFocus would be required to conduct a twelve minute EPA Method 9 
visible emissions reading on each Pb source outlet by a certified 
reader every day, as well as perform dye check on every filtration 
system that controls a lead source. These control measures will help to 
determine and detect the source of fugitive emissions not otherwise 
captured by RACM so that the exceedances can be addressed immediately. 
Other contingency measures such as increasing the sprinkler frequency 
to 5 minutes every 30 minutes during daylight hours and 5 minutes every 
60 minutes during nighttime hours twenty-four hours a day everyday will 
serve to reduce fugitive dust emissions. If necessary, even more 
protective control measures will be required including EnviroFocus 
discontinuing operation of any emission unit connected to a filtration 
device that fails the dye leak check until such time as repairs are 
made and the unit passes a second leak check. Further, if any three 
consecutive month period averages greater than 0.15 [mu]g/m3 at any one 
of the SIP-approved Pb monitors in the vicinity of EnviroFocus, FL DEP 
may require the immediate restriction of the daily production of lead 
from the blast and reverb furnaces. Since EnviroFocus is the only known 
major source of lead in the Hillsborough Area, reducing production at 
that facility will directly correlate to the reduction of Pb emissions. 
Each of the contingency measures will continue for a minimum of 90 days 
and remain in place until such time as FL DEP has determined that they 
are no longer needed.
---------------------------------------------------------------------------

    \6\ In a letter dated December 23, 2014, FL DEP supplemented the 
``Contingency Measures'' provisions of its Pb nonattainment Area 
Plan to reflect additional procedures and controls at the 
EnviroFocus facility that would be implemented immediately upon the 
trigger of various events related to future monitored exceedances or 
violations of the Pb NAAQS. The letter with the complete list of 
contingency measures is available at www.regulations.gov using 
Docket ID No. EPA-R04-OAR-2014-0220.
---------------------------------------------------------------------------

    In addition to the identified contingency measures, pursuant to 
EnviroFocus' title V permit, if an exceedance of the NAAQS occurs 
during any three month period after December 31, 2015 (the deadline for 
full implementation of the control strategy), within 120 days, the 
facility will submit an investigative study identifying the source(s) 
of excessive emissions contributing to the exceedance. EnviroFocus will 
also develop and prepare a strategy to eliminate the likelihood of 
another exceedance. The 120 day review period will consists of a 30 day 
evaluation period immediately following a violation and then up to a 90 
day consultation period with the facility to determine the best course 
of action. If a permit modification is deemed necessary, FL DEP would 
issue a new permit with the statutory timeframes required in Chapters 
62-4 and 62-213 of the Florida Administrative Code (FAC). Since the 
EnviroFocus facility has implemented appropriate RACM control measures, 
and several protective layers of contingency measures will be triggered 
and executed immediately in the event of an exceedance of the NAAQS, 
EPA proposes that the contingency measures strategy submitted by the 
State of Florida meet the section 172(c)(9) requirements for the 2008 
Lead NAAQS.

7. Attainment Date

    Florida provided a modeling demonstration to attain the level of 
the

[[Page 6491]]

2008 Lead NAAQS for the Hillsborough Area by no later than five years 
after the Area was designated nonattainment. The modeling indicates 
that the Hillsborough Area will have attaining data for the 2008 Lead 
NAAQS by December 31, 2015. While there were violations of the 2008 
lead NAAQS in 2013, they occurred during the limited time frame in 
which the facility was undergoing construction to modernize the 
facility which included building an enclosure that is expected to 
reduce emissions of lead significantly. Notwithstanding the violations, 
EPA believes that these violations, which occurred as part of enclosure 
and modernization of the facility in order to achieve a significant 
permanent reduction in lead emissions, do not render Florida's 
attainment demonstration unapprovable. There have been no violations of 
the 2008 Lead NAAQS since the last quarter of 2013 which directly 
corresponds with the installation of the final set of controls for the 
modernization. EPA does not believe that the facility could have 
achieved the 2008 Lead NAAQS more expeditiously than the current 
schedule. Therefore, EPA is proposing to approve the State's submission 
related to achievement of the 2008 Lead NAAQS as expeditiously as 
practicable.

V. Proposed Action

    EPA is proposing to approve Florida's lead attainment plan for the 
Hillsborough Area. EPA has preliminarily determined that the SIP meets 
the applicable requirements of the CAA. Specifically, EPA is proposing 
to approve Florida's June 29, 2012 submittal, as amended on June 27, 
2013, which includes the attainment demonstration, base year emissions 
inventory, RACM/RACT analysis, contingency measures and RFP plan. The 
requirement for a RFP plan is satisfied because the State of Florida 
demonstrated that the Area will attain the 2008 Lead NAAQS as 
expeditiously as practicable, and could not implement any additional 
measures to attain the NAAQS any sooner.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submittal 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 
proposed 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 proposed 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) and 13563 (76 FR 3821, January 21, 
2011);
     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, October 7, 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
     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).

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: January 26, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2015-02335 Filed 2-4-15; 8:45 am]
BILLING CODE 6560-50-P