[Federal Register Volume 86, Number 56 (Thursday, March 25, 2021)]
[Proposed Rules]
[Pages 15840-15844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06082]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0185; FRL-10021-61-Region 4]


Air Plan Approval; Florida; Maintenance Plan Update for the 
Hillsborough County Lead Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve 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 seeks to 
update 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 seeks to incorporate 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 proposes to find 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: Comments must be received on or before April 26, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-RO4-
OAR-2020-0185 at www.regulations.gov. Follow the online instructions 
for submitting comments. Once submitted, comments cannot be edited or 
removed from Regulations.gov. EPA may publish any comment received to 
its public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Andres Febres, 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. The telephone number is 
(404) 562-8966. Mr. Febres can also be reached via electronic mail at 
[email protected].

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

[[Page 15841]]

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 (RACM) requirements that included reasonably 
available control technology (RACT), a reasonable further progress 
(RFP) 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.

II. EPA's Analysis of the State's SIP Revision

    On January 23, 2020, FDEP 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.
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    \2\ Florida's SIP revision does not seek changes to any other 
portions of the maintenance plan. Therefore, those portions of the 
plan will remain in the SIP as approved by EPA in its September 11, 
2018 action (83 FR 45836) and are not open for comment.
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A. Changes to the EnviroFocus Construction Permit

    As noted above, EPA approved the attainment plan for the 
Hillsborough Area on April 16, 2015. See 80 FR 20441. As part of that 
approval, EPA incorporated Florida's Air Construction Permit No. 
0570057-027-AC for the EnviroFocus facility into the SIP, excluding 
elements of the permit not specifically related to lead emissions.\3\
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    \3\ Florida Air Permit No. 0570057-027-AC is available in the 
docket for this proposed action.
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    On November 6, 2019, FDEP issued Air Construction Permit No. 
0570057-037-AC that increases the refined lead production limit for the 
facility from 150,000 tons per year (tpy) to 200,000 tpy and increases 
the maximum capacity of the reverb furnace from 262,800 tpy to 338,400 
tpy. As part of the January 23, 2020, SIP revision, FDEP requests that 
EPA incorporate the following four conditions in Section 3 of Permit 
No. 0570057-037-AC into the SIP thereby replacing conditions in the SIP 
relating to the lead production and furnace capacity limits from Permit 
No. 0570057-027-AC: (1) Subsection B, Specific Condition 2; (2) 
Subsection B, Specific Condition 3a; (3) Subsection C, Specific 
Condition 1; and (4) Subsection D, Specific Condition 1.\4\ All other 
provisions in permit 0570057-027-AC specifically related to lead 
emissions remain in the SIP.
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    \4\ See Florida Air Construction Permit No. 0570057-037-AC, 
found in Appendix A of Florida's January 23, 2020, SIP revision and 
included in the docket for this proposed action. See footnotes 12-15 
of this notice for the text of each revised permit condition 
proposed for incorporation into the SIP.
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    These four conditions specify the new maximum refined lead 
production limit of 200,000 tpy as well as the new maximum reverb 
furnace capacity of 338,400 tpy. Because the emission control measures 
remain the same, are federally enforceable, and all EnviroFocus process 
areas at the facility are completely encapsulated with negative 
pressure, the only anticipated increases in lead emissions come from 
the EU036 emissions unit, which encompasses the facility grounds and 
roadways.\5\ This anticipated increase is due to the increased truck 
traffic that will be needed to reach the newly approved production 
limit as well as the potential re-entrained dust caused by this 
traffic. Section II.B, below, goes into detail regarding the effects of 
these production limit increases on the overall emissions from the 
EnviroFocus facility and EPA's analysis of these increases.
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    \5\ See 80 FR 6485 (February 5, 2015) for information on the 
encapsulation of the facility as part of the attainment plan for the 
Area. EPA finalized this action on April 16, 2015 at 80 FR 20441.
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B. Changes to the Maintenance Plan

(i) Attainment Emissions Inventory
    FDEP is proposing to update the attainment emissions inventory in 
the maintenance plan for the Hillsborough Area to: (1) Correct an error 
in the original attainment emissions inventory that was part of the 
March 29, 2018, redesignation request; and (2) update the attainment 
emissions inventory in order to reflect site-specific emission factors 
from the EnviroFocus facility.
    In its maintenance plan, Florida selected 2014 as the attainment 
year, as this was the first full year that the Area did not show any 
monitored violations of the 2008 lead NAAQS. Florida provided an 
attainment emissions inventory for that year. However, the 2014 lead 
emissions estimates for unit EU036 (Facility Grounds and Roadways) were 
incorrectly reported. The reported value was based on an incorrect 
control efficiency of 50 percent, rather than 94 percent. The correct 
control efficiency of 94 percent is based on the wet suppression 
controls used by the EnviroFocus facility and AP-42 calculations. As 
shown in Table 1 (column 3), below, by using the correct control 
efficiency, the 2014 lead emissions estimates for unit EU036 are 
lowered from 0.178 tpy to 0.0213 tpy.\6\ \7\ Nonetheless, Florida 
explains that the emissions estimate of 0.0213 tpy (reflecting the 
correct control efficiency of 94 percent) was used in the inputs for 
the original modeling that demonstrated attainment and so the 
attainment modeling results do not change. The error described above is 
limited solely to the representation of the emissions estimate in the 
attainment inventory and maintenance demonstration evaluation.
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    \6\ For its original attainment emissions inventory, Florida 
used actual emissions obtained from the facility's annual operating 
report (AOR).
    \7\ Appendices B and C of Florida's January 23, 2020, SIP 
revision include calculations to demonstrate the difference in the 
2014 emissions for EU036. The SIP revision and all of its appendices 
are located in the docket for this proposed action.
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    Additionally, in the attainment emissions inventory, Florida used 
the silt level and silt loading factors from a similar facility in 
Eagan, Minnesota, to estimate the emissions for EU036 because on-site 
data was not available at the time. Since then, EnviroFocus has carried 
out on-site measurements for these two factors, as well as updated

[[Page 15842]]

vehicle weight and truck route distances within the facility. These 
measured data on the conditions of the soil within the EnviroFocus 
facility help to more precisely determine the possible emissions caused 
by truck traffic. Using this data, EnviroFocus determined that the 
levels of lead near the facility are much lower than those at the Eagan 
facility. Specifically, silt loading at EnviroFocus was on average 
about one-third of the amount measured in Eagan, and silt content was 
about 50 percent lower than at Eagan.
    Given the newly obtained site-specific data, and accounting for the 
correct control efficiency, the emissions estimates for EU036 are 
lowered to 0.0026 tpy and the facility-wide emissions estimate is 
lowered to 0.272 tpy as shown in Table 1 (column 7).\8\ The value for 
EU036 is approximately 98 percent below the erroneous emissions 
estimate of the original emissions inventory and approximately 88 
percent below the emissions estimate that reflects the correct control 
efficiency and non-site specific data from the Eagan facility.
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    \8\ In addition, Table 1 of Florida's January 23, 2020, SIP 
revision shows the results of on-site samples for the EnviroFocus 
facility and compares them to results from the Eagan, Minnesota 
facility. Additionally, Appendix D of Florida's SIP revision 
includes calculations to demonstrate the difference in the 2014 
emissions for EU036 when using site-specific data. These documents 
can be accessed through the docket for this proposed action.

            Table 1--EU036 Emissions Comparison, Using Site-Specific and Non Site-Specific Data, as Well as 50% and 94% Control Efficiencies
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                                                                                        2014 Lead emissions
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                                             Non site-specific data (Eagan, MN source)                   Site-specific data (EnviroFocus)
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                                           Original data      94% Control efficiency          50% Control efficiency          94% Control efficiency
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                                             Emissions       Emissions     Reduction [%]     Emissions     Reduction [%]     Emissions     Reduction [%]
                                               (tpy)           (tpy)                           (tpy)                           (tpy)
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EU036 Emissions.........................           0.178          0.0213              88          0.0218            87.8          0.0026            98.5
Total Emissions Facility-wide...........           0.447           0.291            34.9           0.291            34.9           0.272            39.2
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* Original Data used non site-specific data from the Eagan, MN facility, and a control efficiency of 50%.

    EnviroFocus is the only point source of lead emissions within the 
Hillsborough Area, and since the removal of lead from gasoline in the 
1990s, there are no on-road mobile sources that would contribute to 
lead emissions. EPA proposes to approve the corrected emissions 
attainment inventory because Florida is effectively correcting a 
reporting error and because the new value is more representative as it 
is based on site-specific factors.
(ii) Maintenance Demonstration
    In order to demonstrate maintenance through 2029, which is the end 
of the first 10-year maintenance period, Florida included projected 
lead emissions for the Hillsborough Area for the years 2023, 2026, and 
2029 in the maintenance plan and seeks to revise those projected 
emissions through its SIP revision. In the original maintenance plan, 
Florida used an emissions comparison approach to demonstrate 
maintenance and assumed that emissions would remain equal to the 2014 
attainment year level.\9\ Due to the increase in permitted production 
at the facility, Florida's SIP revision contains revised projected 
emissions for 2023, 2026, and 2029.
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    \9\ EPA determined that it was appropriate to use an emissions 
comparison approach to demonstrate maintenance in the Area because 
local emissions were the primary contributor to nonattainment. See 
83 FR 28402 (June 19, 2018) (proposal) and 83 FR 45836 (September 
11, 2018) (final). Under this approach, if future projected 
emissions in an area remain at or below baseline emissions, then the 
related ambient air quality standards should not be exceeded in the 
future.
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    Because the emission control measures remain the same, are 
federally enforceable, and the EnviroFocus facility is completely 
encapsulated with negative pressure, the only anticipated increase in 
lead emissions comes from EU036, which encompasses the facility grounds 
and roadways. This is due to the increased truck traffic needed to 
reach the newly approved production limit and the potential re-
entrained dust caused by this traffic.
    As shown in Table 1, the adjusted 2014 emissions inventory, which 
includes the correct control efficiency of 94 percent and the site-
specific data for EnviroFocus, shows that lead emissions for the EU036 
unit are 0.0026 tpy. By increasing the truck traffic at the facility, 
Florida estimates that future emissions for EU036 will be 0.0046 tpy 
with the new production limit for the facility. The new facility-wide 
total emissions would be 0.274 tpy, an increase of 0.002 tpy from the 
corrected 2014 attainment year value of 0.272 tpy.\10\ Table 2, below, 
identifies the 2009 base year emissions included in Florida's 
attainment plan, the original and corrected attainment year emissions 
for comparison, as well as the projected emissions for 2023, 2026, and 
2029 that account for the new production limit.
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    \10\ Appendix E of Florida's January 23, 2020, SIP revision 
includes calculations to demonstrate the emissions increases due to 
the new production limit at EnviroFocus.
    \11\ See the discussion in Section II(B)(i) of this notice for 
details on the corrected 2014 attainment year emissions.

       Table 2--Actual and Projected Annual Lead Emissions (tpy) for the Hillsborough Area; Including the Corrected 2014 Attainment Year Emissions
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                                                                                       Corrected 2014                                          2029
                           2009 Base year                             Original 2014   attainment year    2023 Interim     2026 Interim     Maintenance
                                                                     attainment year        \11\             year             year             year
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0.588..............................................................           0.447            0.272            0.274            0.274            0.274
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[[Page 15843]]

    Florida has revised the projected emissions as described 
previously, and these projections indicate that emissions in the Area 
will increase slightly from 0.272 tpy to 0.274 tpy, a difference of 
less than 1 percent, which is due to the increased potential emissions 
from EU036. As EU036 represents the only unit which will have an 
emissions increase as a result of the production increase, the revised 
projections (in Table 2) are correct and representative of new 
conditions, and it is therefore acceptable to hold these projected 
values the same throughout the maintenance period.
    Although emissions have increased slightly due to the corrected 
attainment year value, this increase is negligible and therefore not 
enough to cause a violation of the standard throughout the maintenance 
period. This is further supported by the fact that the modeling used in 
the EPA-approved attainment demonstration showed attainment using the 
erroneous emissions estimate of 0.291 tpy discussed in section 
II.B.(i), which is higher than the updated 0.274 tpy projected value, 
and the modeled controls are still permanent and enforceable. The 
attainment demonstration modeled emissions that already accounted for 
the corrected control efficiency of 94 percent but did not yet reflect 
the site-specific data for silt loading and silt content in the 
EnviroFocus facility. Therefore, the projected future emissions for the 
Hillsborough Area will remain below the emissions used to demonstrate 
attainment and future maintenance (through 2029) when the Area was 
redesignated to attainment.
    For these reasons, EPA believes that the Hillsborough Area will 
continue to maintain the lead standard at least through the year 2029 
and that the increase in the production limit for the EnviroFocus 
facility will not interfere with any applicable requirement concerning 
attainment, RFP, or any other applicable requirement of the CAA.

III. Incorporation by Reference

    In this document, EPA is proposing to include in a final rule, 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate 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 proposing to incorporate 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; \12\ (2) Section 3, Subsection B, Specific 
Condition 3a; \13\ (3) Section 3, Subsection C, Specific Condition 1; 
\14\ and (4) Section 3, Subsection D, Specific Condition 1.\15\
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    \12\ 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.]''
    \13\ 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. 
0570057-037-AC; Rules 62-4.070(3) and 62-210.200(PTE), F.A.C.]''
    \14\ This provision states: ``Lead Production: The maximum 
refined lead produced from the EFT facility shall not exceed 200,00 
tons in any consecutive twelve-month period. [Application No. 
0570057-037 and Rule 62-210.200(PTE), F.A.C.]''
    \15\ 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.]''
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    EPA has made, and will continue to make, the State Implementation 
Plan generally available through www.regulations.gov and at EPA Region 
4 office (please contact the person identified in the ``For Further 
Information Contact'' section of this preamble for more information).

IV. Proposed Action

    EPA is proposing to approve changes regarding the Hillsborough Area 
as presented in Florida's January 23, 2020, SIP revision. The proposed 
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 proposes to find 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 proposes to 
incorporate the aforementioned changes to the maintenance plan and the 
facility's permit into the Florida SIP.

V. 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 
proposes to approve 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 Orders 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, 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
     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).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe

[[Page 15844]]

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.

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: March 16, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
[FR Doc. 2021-06082 Filed 3-24-21; 8:45 am]
BILLING CODE 6560-50-P