Air Quality Implementation Plan; Florida; Attainment Plan for the Hillsborough Area for the 2008 Lead National Ambient Air Quality Standards, 6485-6491 [2015-02335]
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TBAC among all VOC-exempt
compounds. Thus, Executive Order
13175 does not apply to this rule.
Dated: January 29, 2015.
Gina McCarthy,
Administrator.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
For the reasons stated in the
preamble, the Environmental Protection
Agency proposes to amend part 51 of
chapter I of title 40 of the Code of
Federal Regulations as follows:
This action is not subject to Executive
Order 13045 because it is not
economically significant as defined in
E.O. 12866, and because the EPA does
not believe the environmental health or
safety risks addressed by this action
present a disproportionate risk to
children. This action would remove
recordkeeping, emissions reporting,
photochemical dispersion modeling and
inventory requirements related to use of
TBAC.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not a ‘‘significant
energy action’’ because it is not likely to
have a significant adverse effect on the
supply, distribution, or use of energy.
This action would remove existing
emission inventory reporting and other
requirements that uniquely apply to
TBAC among all VOC-exempt
compounds.
PART 51—REQUIREMENTS FOR
PREPARATION ADOPTION AND
SUBMITTAL OF IMPLEMENTATION
PLANS SUBPART F PROCEDURAL
REQUIREMENTS
1. The authority citation for part 51,
subpart F, continues to read as follows:
■
Authority: 42 U.S.C. 7401, 7411, 7412,
7413, 7414, 7470–7479, 7501–7508, 7601,
and 7602.
§ 51.100
[Amended]
2. Section 51.100 is amended by:
a. Adding the term ‘‘t-butyl acetate;’’
before the phrase ‘‘perfluorocarbon
compounds which fall into these
classes:’’ to paragraph (s)(1)
introductory text; and
■ b. Removing and reserving paragraph
(s)(5).
■
■
[FR Doc. 2015–02325 Filed 2–4–15; 8:45 am]
BILLING CODE 6560–50–P
I. National Technology Transfer and
Advancement Act (NTTAA)
ENVIRONMENTAL PROTECTION
AGENCY
This action does not involve technical
standards.
40 CFR Parts 52
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J. Executive Order 12898: Federal
Actions to Address Environmental
Justice in Minority and Low-Income
Populations
The EPA believes the human health or
environmental risks addressed by this
action will not have disproportionately
high and adverse human health or
environmental effects on minority or
low-income populations because it does
not affect the level of protection
provided to human health or the
environment. The EPA did not conduct
an environmental analysis for this rule
because the EPA does not believe that
removing the unique reporting
requirements will lead to substantial
and predictable changes in the use of
TBAC in and near particular
communities.
List of Subjects in 40 CFR Part 51
Environmental protection,
Administrative practice and procedure,
Air pollution control, Ozone, Reporting
and recordkeeping requirements,
Volatile organic compounds.
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[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
Environmental Protection
Agency.
ACTION: Proposed rule.
AGENCY:
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’’).
SUMMARY:
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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: R4-ARMS@epa.gov.
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
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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 https://
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
farngalo.zuri@epa.gov.
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?
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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 (mg/m3) to 0.15 mg/m3 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
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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
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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).
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
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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.
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 onsite 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.
TABLE 1—2009 BASE YEAR NONATTAINMENT AREA EMISSIONS INVENTORY
[Tons per year]
Emissions unit
EU
EU
EU
EU
Unit description
001 * ..........................................................
004 * ..........................................................
011 * ..........................................................
015 * ..........................................................
.....................................................................
Total .........................................................
Lead emissions
Blast Furnace Exhaust ....................................................................................
Blast Furnace Tapping & Charging .................................................................
Four Refining Kettles .......................................................................................
Blast Furnace Enclosure .................................................................................
Quantifiable Fugitive Emissions ......................................................................
..........................................................................................................................
0.3804
0.1594
0.0232
0.0103
0.0142
0.5875
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* 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
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 https://www.epa.gov/air/lead/
implement.html.
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).
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.
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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.
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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) (https://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.
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:
Æ 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;
Æ 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;
4 40 CFR part 51 Appendix W (EPA’s Guideline
on Air Quality Models) (November 2005) located at
https://www.epa.gov/ttn/scram/guidance/guide/
appw_05.pdf.
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Æ AERMOD pre-processor,
AERSURFACE to generate direction
specific land use based surface
characteristics for the modeling;
Æ AERMINUTE processor to reduce
the number of calm and missing winds
in the surface data;
Æ 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
Æ Development of all other input
options commensurate with the EPA’s
Modeling Guidance;
Æ 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° to 200°;
Æ 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
Æ 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
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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 onsite 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 mg/m3 for
one set of AERMOD modeling runs.
Output from the LEADPOST processor
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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
Pollutant
Pb ..........................
Maximum predicted impact
(μg/m3)
Averaging time
3-month rolling ....
Background
concentration
(μg/m3)
0.115
Total impact
(μg/m3)
0.016
* 0.13
NAAQS
(μg/m3)
0.15 μg/m3 ..........
Impact greater
than NAAQS
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 mg/m3 (NWS
MET data) and 0.016 mg/m3 background
data. This data indicates significant
reductions in air quality impacts with
the future implementation of the postconstruction 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 preconstruction 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
b. Florida’s Evaluation of RACM/RACT
Control Measures for the Hillsborough
Area
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:
On June 29, 2012, and later amended
on June 27, 2013, FL DEP submitted a
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).
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.
EnviroFocus Technologies, LLC will capture fugitive emissions from the process using enclosure hoods.
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.
Baghouses ......................................
Local Exhaust Vents (LEVs) ...........
Wet suppression .............................
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
5 ‘‘SIP Toolkit—Attainment Demonstrations and
Air Quality Modeling,’’ dated April 12, 2012,
located at https://www.epa.gov/air/lead/
kitmodel.html.
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c. Proposed Action on RACM/RACT
Demonstration and Control Strategy
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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
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rljohnson on DSK3VPTVN1PROD with PROPOSALS
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,
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14:44 Feb 04, 2015
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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
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.
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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 mg/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.
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
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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.
rljohnson on DSK3VPTVN1PROD with PROPOSALS
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
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14:44 Feb 04, 2015
Jkt 235001
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.
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6491
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
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2014–0792; FRL–9922–51–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Permits for Construction and
Major Modification of Major Stationary
Sources Which Cause or Contribute to
Nonattainment Areas
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to grant
approval to four State Implementation
Plan (SIP) revisions submitted by the
West Virginia Department of
Environmental Protection for the State
of West Virginia on June 29, 2010, July
8, 2011, July 6, 2012, and July 1, 2014
with the exception of certain revisions
related to ethanol production facilities
on which EPA is taking no action at this
time. These revisions proposed for
approval pertain to West Virginia’s
nonattainment New Source Review
(NSR) program, notably provisions for
preconstruction permitting
requirements for major sources of fine
particulate matter (PM2.5) and NSR
reform. This action is being taken under
the Clean Air Act (CAA).
DATES: Written comments must be
received on or before March 9, 2015.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2014–0792 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: kreider.andrew@epa.gov.
C. Mail: EPA–R03–OAR–2014–0792,
Andrew Kreider, Acting Associate
Director, Office of Permits and Air
Toxics, Mailcode 3AP10, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
SUMMARY:
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]]>Agencies
[Federal Register Volume 80, Number 24 (Thursday, February 5, 2015)]
[Proposed Rules]
[Pages 6485-6491]
From the Federal Register Online via the Government Printing 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: R4-ARMS@epa.gov.
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 https://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 farngalo.zuri@epa.gov.
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 https://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) (https://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 https://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 https://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
