[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 [www.gpo.gov]
[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 www.regulations.gov 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 www.regulations.gov 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 
[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 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 
www.regulations.gov 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:
     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

[[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