Air Plan Approval; Florida; Maintenance Plan Update for the Hillsborough County Lead Area, 15840-15844 [2021-06082]
Download as PDF
<![CDATA[
15840
Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Proposed Rules
Region 5 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
VI. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA 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 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
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
VerDate Sep<11>2014
17:19 Mar 24, 2021
Jkt 253001
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,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: March 22, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2021–06166 Filed 3–24–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2020–0185; FRL–10021–
61–Region 4]
Air Plan Approval; Florida;
Maintenance Plan Update for the
Hillsborough County Lead Area
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision submitted by the State of
Florida, through the Florida Department
of Environmental Protection (FDEP), on
January 23, 2020. The SIP revision seeks
to update the attainment emissions
inventory and the maintenance
demonstration, including the projected
future emissions inventories, in the
maintenance plan for the Hillsborough
County lead maintenance area
(hereinafter referred to as the
‘‘Hillsborough Area’’ or ‘‘Area’’) for the
2008 lead national ambient air quality
standards (NAAQS). The SIP revision
also seeks to incorporate recent changes
to the air construction permit for the
EnviroFocus Technologies, LLC
(EnviroFocus) facility in the Area that
are related to an increase in the refined
lead production limit. EPA proposes to
find that this SIP revision meets all
relevant Clean Air Act (CAA or Act)
statutory and regulatory requirements, is
consistent with EPA’s guidance, and is
in accordance with EPA’s September 11,
2018, redesignation of the Hillsborough
Area from nonattainment to
maintenance.
SUMMARY:
PO 00000
Frm 00041
Fmt 4702
Sfmt 4702
Comments must be received on
or before April 26, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–RO4–
OAR–2020–0185 at
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
www2.epa.gov/dockets/commentingepa-dockets.
FOR FURTHER INFORMATION CONTACT:
Andres Febres, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
The telephone number is (404) 562–
8966. Mr. Febres can also be reached via
electronic mail at febresmartinez.andres@epa.gov.
SUPPLEMENTARY INFORMATION:
DATES:
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 (mg/m3).
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 mg/m3. 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
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.
E:\FR\FM\25MRP1.SGM
25MRP1
Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Proposed Rules
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.
On April 16, 2015 (80 FR 20441), EPA
published a final rule that approved a
SIP revision, comprised of an
attainment plan, based on Florida’s
attainment demonstration for the
Hillsborough Area that included the
base year emissions inventory
requirements, a modeling demonstration
of attainment for the 2008 lead NAAQS,
reasonably available control measure
(RACM) requirements that included
reasonably available control technology
(RACT), a reasonable further progress
(RFP) plan, and CAA section 172(c)(9)
contingency measures for the
Hillsborough Area.
Subsequently, on September 11, 2018
(83 FR 45836), EPA published a final
rule that approved Florida’s March 26,
2018, redesignation request and
associated SIP revision for the
Hillsborough Area. Specifically, EPA
took three separate but related final
actions regarding the Hillsborough Area:
(1) Determined that the Hillsborough
Area attained the 2008 lead NAAQS
based on complete, quality-assured, and
certified ambient monitoring data for
the 2014–2016 period, and that the
Hillsborough Area continued to attain
the standard based on complete, qualityassured, and certified ambient
monitoring data for the 2015–2017
period; (2) approved the maintenance
plan for the Hillsborough Area and
incorporated it into the Florida SIP; and
(3) approved Florida’s request for
redesignation of the Hillsborough Area
from nonattainment to attainment for
the 2008 lead NAAQS.
II. EPA’s Analysis of the State’s SIP
Revision
On January 23, 2020, FDEP submitted
a SIP revision that seeks to update the
attainment emissions inventory and the
maintenance demonstration, including
the projected future emissions
inventories, in the maintenance plan for
the Area.2 The SIP revision also seeks to
incorporate recent changes to the air
construction permit for the EnviroFocus
2 Florida’s SIP revision does not seek changes to
any other portions of the maintenance plan.
Therefore, those portions of the plan will remain in
the SIP as approved by EPA in its September 11,
2018 action (83 FR 45836) and are not open for
comment.
VerDate Sep<11>2014
17:19 Mar 24, 2021
Jkt 253001
facility that are related to an increase in
the refined lead production limit.
A. Changes to the EnviroFocus
Construction Permit
As noted above, EPA approved the
attainment plan for the Hillsborough
Area on April 16, 2015. See 80 FR
20441. As part of that approval, EPA
incorporated Florida’s Air Construction
Permit No. 0570057–027–AC for the
EnviroFocus facility into the SIP,
excluding elements of the permit not
specifically related to lead emissions.3
On November 6, 2019, FDEP issued
Air Construction Permit No. 0570057–
037–AC that increases the refined lead
production limit for the facility from
150,000 tons per year (tpy) to 200,000
tpy and increases the maximum
capacity of the reverb furnace from
262,800 tpy to 338,400 tpy. As part of
the January 23, 2020, SIP revision, FDEP
requests that EPA incorporate the
following four conditions in Section 3 of
Permit No. 0570057–037–AC into the
SIP thereby replacing conditions in the
SIP relating to the lead production and
furnace capacity limits from Permit No.
0570057–027–AC: (1) Subsection B,
Specific Condition 2; (2) Subsection B,
Specific Condition 3a; (3) Subsection C,
Specific Condition 1; and (4) Subsection
D, Specific Condition 1.4 All other
provisions in permit 0570057–027–AC
specifically related to lead emissions
remain in the SIP.
These four conditions specify the new
maximum refined lead production limit
of 200,000 tpy as well as the new
maximum reverb furnace capacity of
338,400 tpy. Because the emission
control measures remain the same, are
federally enforceable, and all
EnviroFocus process areas at the facility
are completely encapsulated with
negative pressure, the only anticipated
increases in lead emissions come from
the EU036 emissions unit, which
encompasses the facility grounds and
roadways.5 This anticipated increase is
due to the increased truck traffic that
will be needed to reach the newly
approved production limit as well as the
potential re-entrained dust caused by
this traffic. Section II.B, below, goes into
3 Florida Air Permit No. 0570057–027–AC is
available in the docket for this proposed action.
4 See Florida Air Construction Permit No.
0570057–037–AC, found in Appendix A of
Florida’s January 23, 2020, SIP revision and
included in the docket for this proposed action. See
footnotes 12–15 of this notice for the text of each
revised permit condition proposed for
incorporation into the SIP.
5 See 80 FR 6485 (February 5, 2015) for
information on the encapsulation of the facility as
part of the attainment plan for the Area. EPA
finalized this action on April 16, 2015 at 80 FR
20441.
PO 00000
Frm 00042
Fmt 4702
Sfmt 4702
15841
detail regarding the effects of these
production limit increases on the
overall emissions from the EnviroFocus
facility and EPA’s analysis of these
increases.
B. Changes to the Maintenance Plan
(i) Attainment Emissions Inventory
FDEP is proposing to update the
attainment emissions inventory in the
maintenance plan for the Hillsborough
Area to: (1) Correct an error in the
original attainment emissions inventory
that was part of the March 29, 2018,
redesignation request; and (2) update
the attainment emissions inventory in
order to reflect site-specific emission
factors from the EnviroFocus facility.
In its maintenance plan, Florida
selected 2014 as the attainment year, as
this was the first full year that the Area
did not show any monitored violations
of the 2008 lead NAAQS. Florida
provided an attainment emissions
inventory for that year. However, the
2014 lead emissions estimates for unit
EU036 (Facility Grounds and Roadways)
were incorrectly reported. The reported
value was based on an incorrect control
efficiency of 50 percent, rather than 94
percent. The correct control efficiency
of 94 percent is based on the wet
suppression controls used by the
EnviroFocus facility and AP–42
calculations. As shown in Table 1
(column 3), below, by using the correct
control efficiency, the 2014 lead
emissions estimates for unit EU036 are
lowered from 0.178 tpy to 0.0213 tpy.6 7
Nonetheless, Florida explains that the
emissions estimate of 0.0213 tpy
(reflecting the correct control efficiency
of 94 percent) was used in the inputs for
the original modeling that demonstrated
attainment and so the attainment
modeling results do not change. The
error described above is limited solely
to the representation of the emissions
estimate in the attainment inventory
and maintenance demonstration
evaluation.
Additionally, in the attainment
emissions inventory, Florida used the
silt level and silt loading factors from a
similar facility in Eagan, Minnesota, to
estimate the emissions for EU036
because on-site data was not available at
the time. Since then, EnviroFocus has
carried out on-site measurements for
these two factors, as well as updated
6 For its original attainment emissions inventory,
Florida used actual emissions obtained from the
facility’s annual operating report (AOR).
7 Appendices B and C of Florida’s January 23,
2020, SIP revision include calculations to
demonstrate the difference in the 2014 emissions
for EU036. The SIP revision and all of its
appendices are located in the docket for this
proposed action.
E:\FR\FM\25MRP1.SGM
25MRP1
15842
Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Proposed Rules
vehicle weight and truck route distances
within the facility. These measured data
on the conditions of the soil within the
EnviroFocus facility help to more
precisely determine the possible
emissions caused by truck traffic. Using
this data, EnviroFocus determined that
the levels of lead near the facility are
much lower than those at the Eagan
facility. Specifically, silt loading at
EnviroFocus was on average about onethird of the amount measured in Eagan,
and silt content was about 50 percent
lower than at Eagan.
Given the newly obtained site-specific
data, and accounting for the correct
control efficiency, the emissions
estimates for EU036 are lowered to
0.0026 tpy and the facility-wide
emissions estimate is lowered to 0.272
tpy as shown in Table 1 (column 7).8
The value for EU036 is approximately
98 percent below the erroneous
emissions estimate of the original
emissions inventory and approximately
88 percent below the emissions estimate
that reflects the correct control
efficiency and non-site specific data
from the Eagan facility.
TABLE 1—EU036 EMISSIONS COMPARISON, USING SITE-SPECIFIC AND NON SITE-SPECIFIC DATA, AS WELL AS 50% AND
94% CONTROL EFFICIENCIES
2014 Lead emissions
Non site-specific data
(Eagan, MN source)
Original data *
94% Control efficiency
Emissions
(tpy)
EU036 Emissions .........
Total Emissions Facility-wide .....................
Site-specific data
(EnviroFocus)
Emissions
(tpy)
50% Control efficiency
Reduction
[%]
Emissions
(tpy)
94% Control efficiency
Reduction
[%]
Emissions
(tpy)
Reduction
[%]
0.178
0.0213
88
0.0218
87.8
0.0026
98.5
0.447
0.291
34.9
0.291
34.9
0.272
39.2
* Original Data used non site-specific data from the Eagan, MN facility, and a control efficiency of 50%.
EnviroFocus is the only point source
of lead emissions within the
Hillsborough Area, and since the
removal of lead from gasoline in the
1990s, there are no on-road mobile
sources that would contribute to lead
emissions. EPA proposes to approve the
corrected emissions attainment
inventory because Florida is effectively
correcting a reporting error and because
the new value is more representative as
it is based on site-specific factors.
(ii) Maintenance Demonstration
In order to demonstrate maintenance
through 2029, which is the end of the
first 10-year maintenance period,
Florida included projected lead
emissions for the Hillsborough Area for
the years 2023, 2026, and 2029 in the
maintenance plan and seeks to revise
those projected emissions through its
SIP revision. In the original
maintenance plan, Florida used an
emissions comparison approach to
demonstrate maintenance and assumed
that emissions would remain equal to
the 2014 attainment year level.9 Due to
the increase in permitted production at
the facility, Florida’s SIP revision
contains revised projected emissions for
2023, 2026, and 2029.
Because the emission control
measures remain the same, are federally
enforceable, and the EnviroFocus
facility is completely encapsulated with
negative pressure, the only anticipated
increase in lead emissions comes from
EU036, which encompasses the facility
grounds and roadways. This is due to
the increased truck traffic needed to
reach the newly approved production
limit and the potential re-entrained dust
caused by this traffic.
As shown in Table 1, the adjusted
2014 emissions inventory, which
includes the correct control efficiency of
94 percent and the site-specific data for
EnviroFocus, shows that lead emissions
for the EU036 unit are 0.0026 tpy. By
increasing the truck traffic at the
facility, Florida estimates that future
emissions for EU036 will be 0.0046 tpy
with the new production limit for the
facility. The new facility-wide total
emissions would be 0.274 tpy, an
increase of 0.002 tpy from the corrected
2014 attainment year value of 0.272
tpy.10 Table 2, below, identifies the
2009 base year emissions included in
Florida’s attainment plan, the original
and corrected attainment year emissions
for comparison, as well as the projected
emissions for 2023, 2026, and 2029 that
account for the new production limit.
TABLE 2—ACTUAL AND PROJECTED ANNUAL LEAD EMISSIONS (tpy) FOR THE HILLSBOROUGH AREA; INCLUDING THE
CORRECTED 2014 ATTAINMENT YEAR EMISSIONS
2009 Base year
Original 2014
attainment
year
Corrected
2014 attainment year 11
2023 Interim
year
2026 Interim
year
2029
Maintenance
year
0.588 ....................................................................................
0.447
0.272
0.274
0.274
0.274
8 In addition, Table 1 of Florida’s January 23,
2020, SIP revision shows the results of on-site
samples for the EnviroFocus facility and compares
them to results from the Eagan, Minnesota facility.
Additionally, Appendix D of Florida’s SIP revision
includes calculations to demonstrate the difference
in the 2014 emissions for EU036 when using sitespecific data. These documents can be accessed
through the docket for this proposed action.
VerDate Sep<11>2014
17:19 Mar 24, 2021
Jkt 253001
9 EPA determined that it was appropriate to use
an emissions comparison approach to demonstrate
maintenance in the Area because local emissions
were the primary contributor to nonattainment. See
83 FR 28402 (June 19, 2018) (proposal) and 83 FR
45836 (September 11, 2018) (final). Under this
approach, if future projected emissions in an area
remain at or below baseline emissions, then the
PO 00000
Frm 00043
Fmt 4702
Sfmt 4702
related ambient air quality standards should not be
exceeded in the future.
10 Appendix E of Florida’s January 23, 2020, SIP
revision includes calculations to demonstrate the
emissions increases due to the new production
limit at EnviroFocus.
11 See the discussion in Section II(B)(i) of this
notice for details on the corrected 2014 attainment
year emissions.
E:\FR\FM\25MRP1.SGM
25MRP1
Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Proposed Rules
Florida has revised the projected
emissions as described previously, and
these projections indicate that emissions
in the Area will increase slightly from
0.272 tpy to 0.274 tpy, a difference of
less than 1 percent, which is due to the
increased potential emissions from
EU036. As EU036 represents the only
unit which will have an emissions
increase as a result of the production
increase, the revised projections (in
Table 2) are correct and representative
of new conditions, and it is therefore
acceptable to hold these projected
values the same throughout the
maintenance period.
Although emissions have increased
slightly due to the corrected attainment
year value, this increase is negligible
and therefore not enough to cause a
violation of the standard throughout the
maintenance period. This is further
supported by the fact that the modeling
used in the EPA-approved attainment
demonstration showed attainment using
the erroneous emissions estimate of
0.291 tpy discussed in section II.B.(i),
which is higher than the updated 0.274
tpy projected value, and the modeled
controls are still permanent and
enforceable. The attainment
demonstration modeled emissions that
already accounted for the corrected
control efficiency of 94 percent but did
not yet reflect the site-specific data for
silt loading and silt content in the
EnviroFocus facility. Therefore, the
projected future emissions for the
Hillsborough Area will remain below
the emissions used to demonstrate
attainment and future maintenance
(through 2029) when the Area was
redesignated to attainment.
For these reasons, EPA believes that
the Hillsborough Area will continue to
maintain the lead standard at least
through the year 2029 and that the
increase in the production limit for the
EnviroFocus facility will not interfere
with any applicable requirement
concerning attainment, RFP, or any
other applicable requirement of the
CAA.
III. Incorporation by Reference
In this document, EPA is proposing to
include in a final rule, regulatory text
that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, EPA is
proposing to incorporate by reference
into Florida’s SIP Air Construction
Permit No. 0570057–27–AC issued by
FDEP to EnviroFocus with an effective
date of December 14, 2012, except for
the following: (1) Conditions not
specifically related to lead emissions,
(2) Section 3, Subsection B, Specific
Condition 3, (3) Section 3, Subsection B,
VerDate Sep<11>2014
17:19 Mar 24, 2021
Jkt 253001
Specific Condition 10, (4) Section 3,
Subsection C, Specific Condition 5, and
(5) Section 3, Subsection G, Specific
Condition 5. EPA is also proposing to
incorporate by reference into Florida’s
SIP the following conditions from Air
Construction Permit No. 0570057–37–
AC, issued by FDEP to EnviroFocus
with an effective date of November 6,
2019: (1) Section 3, Subsection B,
Specific Condition 2; 12 (2) Section 3,
Subsection B, Specific Condition 3a; 13
(3) Section 3, Subsection C, Specific
Condition 1; 14 and (4) Section 3,
Subsection D, Specific Condition 1.15
EPA has made, and will continue to
make, the State Implementation Plan
generally available through
www.regulations.gov and at EPA Region
4 office (please contact the person
identified in the ‘‘For Further
Information Contact’’ section of this
preamble for more information).
IV. Proposed Action
EPA is proposing to approve changes
regarding the Hillsborough Area as
presented in Florida’s January 23, 2020,
SIP revision. The proposed changes
include corrections to the attainment
emissions inventory and the
maintenance demonstration, including
the projected future emissions
inventories, in the maintenance plan for
the Area. The SIP revision also includes
recent changes to the construction
permit for the EnviroFocus facility that
authorize an increase in the refined lead
production limit at the facility.
EPA proposes to find that the changes
to the SIP will not interfere with any
applicable requirement concerning
attainment, RFP, or any other applicable
12 This provision states: ‘‘Lead Production: The
maximum refined lead production from the EFT
facility shall not exceed 200,000 tons in any
consecutive twelve-month period. [Application No.
0570057–037–AC and Rule 62–210.200 (PTE),
F.A.C.]’’
13 This provision states: ‘‘Furnace Capacities:
Any equipment or any other changes authorized as
part of this permit, shall not result in any capacity
increase of the reverb or blast furnaces. The reverb
furnace shall still be limited to a maximum charge
rate of 960 tons per day (TPD) with a maximum
capacity of 338,400 tons in any twelve-month
consecutive period. The blast furnace shall still
have a maximum charge rate of 180 TPD with a
maximum capacity of 65,700 tons in any twelvemonth consecutive period. [Application No.
0570057–037–AC; Rules 62–4.070(3) and 62–
210.200(PTE), F.A.C.]’’
14 This provision states: ‘‘Lead Production: The
maximum refined lead produced from the EFT
facility shall not exceed 200,00 tons in any
consecutive twelve-month period. [Application No.
0570057–037 and Rule 62–210.200(PTE), F.A.C.]’’
15 This provision states: ‘‘Production: The
maximum refined lead produced from the enclosed
facility shall not exceed 200,000 tons any
consecutive twelve-month period. [Application No.
0570057–037–AC and Rule 62.210.200(PTE),
F.A.C.]’’
PO 00000
Frm 00044
Fmt 4702
Sfmt 4702
15843
requirement of the CAA. EPA therefore
proposes to incorporate the
aforementioned changes to the
maintenance plan and the facility’s
permit into the Florida SIP.
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. This action merely proposes to
approve state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this proposed action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
E:\FR\FM\25MRP1.SGM
25MRP1
15844
Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Proposed Rules
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Lead, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 16, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
[FR Doc. 2021–06082 Filed 3–24–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2021–0006; FRL–10021–
72–Region 1]
Air Plan Approval; Maine; Removal of
Reliance on Reformulated Gasoline in
the Southern Counties of Maine
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision submitted by the State of Maine
on August 20, 2020. The Maine
Department of Environmental Protection
(Maine DEP) submission is in support of
the State’s separate petition requesting
that EPA remove the federal
reformulated gasoline (RFG)
requirements for York, Cumberland,
Sagadahoc, Androscoggin, Kennebec,
Knox and Lincoln Counties (hereinafter
referred to as the ‘‘southern Maine
counties’’). This action proposes to
incorporate into the Maine SIP, Maine’s
statute, which repealed the State’s
requirement for the sale of RFG in the
southern Maine counties effective
November 1, 2020. Maine voluntarily
opted into the federal RFG program in
2015. In order to remove the federal
RFG requirements from the Maine SIP,
Maine is required to complete a
noninterference demonstration
evaluating whether removing the RFG
requirements in the southern Maine
counties interferes with the
requirements of the Clean Air Act (CAA
or Act). EPA is proposing to approve
SUMMARY:
VerDate Sep<11>2014
17:19 Mar 24, 2021
Jkt 253001
this SIP revision and the corresponding
noninterference demonstration. EPA has
determined that the revision is
consistent with the applicable
provisions of the CAA. At this time,
EPA is not proposing to remove the
requirement for the sale of federal RFG
in the applicable southern Maine
counties as that is the subject of a
separate petition to the EPA
Administrator submitted on August 20,
2020, requesting opt-out of the federal
RFG program in those counties. The
Administrator intends to act on that
petition in the near future. This action
is being taken under the Clean Air Act.
DATES: Written comments must be
received on or before April 26, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R01–
OAR–2021–0006 at https://
www.regulations.gov, or via email to
townsend.elizabeth@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the ‘‘For
Further Information Contact’’ section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets. Publicly
available docket materials are available
at https://www.regulations.gov or at the
U.S. Environmental Protection Agency,
EPA Region 1 Regional Office, Air and
Radiation Division, 5 Post Office
Square—Suite 100, Boston, MA. EPA
requests that if at all possible, you
contact the contact 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 legal holidays and
facility closures due to COVID–19.
PO 00000
Frm 00045
Fmt 4702
Sfmt 4702
FOR FURTHER INFORMATION CONTACT:
Elizabeth Townsend, Air Quality
Branch, U.S. Environmental Protection
Agency, EPA New England Regional
Office, 5 Post Office Square—Suite 100,
(Mail code 05–2), Boston, MA 02109–
3912, tel. 617–918–1614, email
townsend.elizabeth@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Table of Contents
I. Background and Purpose
II. What is the background for the southern
Maine counties?
III. What is the history of the reformulated
gasoline requirement?
IV. What are the section 110(l) requirements?
V. What is EPA’s analysis of Maine’s
submittal?
VI. Final Action
VII. Incorporation by Reference
VIII. Statutory and Executive Order Reviews
I. Background and Purpose
On August 20, 2020, the Maine
Department of Environmental Protection
(Maine DEP) submitted a revision to its
SIP to opt-out of the federal RFG
requirements in York, Cumberland,
Sagadahoc, Androscoggin, Kennebec,
Knox and Lincoln Counties (hereinafter
referred to as the ‘‘southern Maine
counties’’).1 On December 23, 2020,
Maine DEP provided an email clarifying
the changes that the State was
requesting to the Maine SIP. Pursuant to
Maine DEP’s December 23, 2020 email,
EPA is proposing to approve into the
Maine SIP Maine’s revisions to C.M.R.
ch. 119 Motor Vehicle Fuel Volatility
Limits that remove the State’s
requirement for the sale of RFG in the
southern Maine counties and
concurrently adopting Maine statute at
38 M.R.S. § 585–N as amended by
Public Law 2019, c. 55, § 1, which
repealed the State’s requirement for the
sale of RFG in the southern Maine
counties effective November 1, 2020.
Maine voluntarily opted-in to the
federal RFG program in 2015. In order
to remove the federal RFG requirements
1 Pursuant to 40 CFR 1090.290(d), the Governor
must submit a petition to the EPA Administrator
requesting removal of any opt-in areas from the
federal RFG program. The petition must include
certain specified information and any additional
information requested by the Administrator. As
fully described in section III below, if RFG is relied
upon as a control measure in any approved SIP or
plan revision, the federal RFG program opt-out
regulations require that a SIP revision must be
submitted. Maine’s SIP includes Chapter 119 Motor
Vehicle Fuel Volatility Limits; as a result, Maine
submitted this SIP revision. The decision on
whether to grant the optout petition pursuant to 40
CFR 1090.290(d) is at the discretion of the
Administrator and will be made through a separate
action.
E:\FR\FM\25MRP1.SGM
25MRP1
]]>Agencies
[Federal Register Volume 86, Number 56 (Thursday, March 25, 2021)]
[Proposed Rules]
[Pages 15840-15844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06082]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2020-0185; FRL-10021-61-Region 4]
Air Plan Approval; Florida; Maintenance Plan Update for the
Hillsborough County Lead Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
State of Florida, through the Florida Department of Environmental
Protection (FDEP), on January 23, 2020. The SIP revision seeks to
update the attainment emissions inventory and the maintenance
demonstration, including the projected future emissions inventories, in
the maintenance plan for the Hillsborough County lead maintenance area
(hereinafter referred to as the ``Hillsborough Area'' or ``Area'') for
the 2008 lead national ambient air quality standards (NAAQS). The SIP
revision also seeks to incorporate recent changes to the air
construction permit for the EnviroFocus Technologies, LLC (EnviroFocus)
facility in the Area that are related to an increase in the refined
lead production limit. EPA proposes to find that this SIP revision
meets all relevant Clean Air Act (CAA or Act) statutory and regulatory
requirements, is consistent with EPA's guidance, and is in accordance
with EPA's September 11, 2018, redesignation of the Hillsborough Area
from nonattainment to maintenance.
DATES: Comments must be received on or before April 26, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-RO4-
OAR-2020-0185 at www.regulations.gov. Follow the online instructions
for submitting comments. Once submitted, comments cannot be edited or
removed from Regulations.gov. EPA may publish any comment received to
its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Andres Febres, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-8966. Mr. Febres can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On November 12, 2008 (73 FR 66964), EPA promulgated a revised
primary and secondary lead NAAQS of 0.15 micrograms per cubic meter
([micro]g/m\3\). Under EPA's regulations at 40 CFR part 50, the 2008
lead NAAQS are met when the maximum arithmetic 3-month mean
concentration for a 3-year period, as determined in accordance with
Appendix R of 40 CFR part 50, is less than or equal to 0.15 [micro]g/
m\3\. See 40 CFR 50.16. Ambient air quality monitoring data for the 3-
year period must meet a data completeness requirement.
EPA designated the Hillsborough Area \1\ as a nonattainment area
for the
[[Page 15841]]
2008 lead NAAQS on November 22, 2010 (75 FR 71033), effective December
31, 2010, using 2007-2009 ambient air quality data. This established an
attainment date of five years after the December 31, 2010, effective
date for the 2008 lead nonattainment designations pursuant to CAA
section 172(a)(2)(A). Therefore, the Hillsborough Area's attainment
date was December 31, 2015.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
On April 16, 2015 (80 FR 20441), EPA published a final rule that
approved a SIP revision, comprised of an attainment plan, based on
Florida's attainment demonstration for the Hillsborough Area that
included the base year emissions inventory requirements, a modeling
demonstration of attainment for the 2008 lead NAAQS, reasonably
available control measure (RACM) requirements that included reasonably
available control technology (RACT), a reasonable further progress
(RFP) plan, and CAA section 172(c)(9) contingency measures for the
Hillsborough Area.
Subsequently, on September 11, 2018 (83 FR 45836), EPA published a
final rule that approved Florida's March 26, 2018, redesignation
request and associated SIP revision for the Hillsborough Area.
Specifically, EPA took three separate but related final actions
regarding the Hillsborough Area: (1) Determined that the Hillsborough
Area attained the 2008 lead NAAQS based on complete, quality-assured,
and certified ambient monitoring data for the 2014-2016 period, and
that the Hillsborough Area continued to attain the standard based on
complete, quality-assured, and certified ambient monitoring data for
the 2015-2017 period; (2) approved the maintenance plan for the
Hillsborough Area and incorporated it into the Florida SIP; and (3)
approved Florida's request for redesignation of the Hillsborough Area
from nonattainment to attainment for the 2008 lead NAAQS.
II. EPA's Analysis of the State's SIP Revision
On January 23, 2020, FDEP submitted a SIP revision that seeks to
update the attainment emissions inventory and the maintenance
demonstration, including the projected future emissions inventories, in
the maintenance plan for the Area.\2\ The SIP revision also seeks to
incorporate recent changes to the air construction permit for the
EnviroFocus facility that are related to an increase in the refined
lead production limit.
---------------------------------------------------------------------------
\2\ Florida's SIP revision does not seek changes to any other
portions of the maintenance plan. Therefore, those portions of the
plan will remain in the SIP as approved by EPA in its September 11,
2018 action (83 FR 45836) and are not open for comment.
---------------------------------------------------------------------------
A. Changes to the EnviroFocus Construction Permit
As noted above, EPA approved the attainment plan for the
Hillsborough Area on April 16, 2015. See 80 FR 20441. As part of that
approval, EPA incorporated Florida's Air Construction Permit No.
0570057-027-AC for the EnviroFocus facility into the SIP, excluding
elements of the permit not specifically related to lead emissions.\3\
---------------------------------------------------------------------------
\3\ Florida Air Permit No. 0570057-027-AC is available in the
docket for this proposed action.
---------------------------------------------------------------------------
On November 6, 2019, FDEP issued Air Construction Permit No.
0570057-037-AC that increases the refined lead production limit for the
facility from 150,000 tons per year (tpy) to 200,000 tpy and increases
the maximum capacity of the reverb furnace from 262,800 tpy to 338,400
tpy. As part of the January 23, 2020, SIP revision, FDEP requests that
EPA incorporate the following four conditions in Section 3 of Permit
No. 0570057-037-AC into the SIP thereby replacing conditions in the SIP
relating to the lead production and furnace capacity limits from Permit
No. 0570057-027-AC: (1) Subsection B, Specific Condition 2; (2)
Subsection B, Specific Condition 3a; (3) Subsection C, Specific
Condition 1; and (4) Subsection D, Specific Condition 1.\4\ All other
provisions in permit 0570057-027-AC specifically related to lead
emissions remain in the SIP.
---------------------------------------------------------------------------
\4\ See Florida Air Construction Permit No. 0570057-037-AC,
found in Appendix A of Florida's January 23, 2020, SIP revision and
included in the docket for this proposed action. See footnotes 12-15
of this notice for the text of each revised permit condition
proposed for incorporation into the SIP.
---------------------------------------------------------------------------
These four conditions specify the new maximum refined lead
production limit of 200,000 tpy as well as the new maximum reverb
furnace capacity of 338,400 tpy. Because the emission control measures
remain the same, are federally enforceable, and all EnviroFocus process
areas at the facility are completely encapsulated with negative
pressure, the only anticipated increases in lead emissions come from
the EU036 emissions unit, which encompasses the facility grounds and
roadways.\5\ This anticipated increase is due to the increased truck
traffic that will be needed to reach the newly approved production
limit as well as the potential re-entrained dust caused by this
traffic. Section II.B, below, goes into detail regarding the effects of
these production limit increases on the overall emissions from the
EnviroFocus facility and EPA's analysis of these increases.
---------------------------------------------------------------------------
\5\ See 80 FR 6485 (February 5, 2015) for information on the
encapsulation of the facility as part of the attainment plan for the
Area. EPA finalized this action on April 16, 2015 at 80 FR 20441.
---------------------------------------------------------------------------
B. Changes to the Maintenance Plan
(i) Attainment Emissions Inventory
FDEP is proposing to update the attainment emissions inventory in
the maintenance plan for the Hillsborough Area to: (1) Correct an error
in the original attainment emissions inventory that was part of the
March 29, 2018, redesignation request; and (2) update the attainment
emissions inventory in order to reflect site-specific emission factors
from the EnviroFocus facility.
In its maintenance plan, Florida selected 2014 as the attainment
year, as this was the first full year that the Area did not show any
monitored violations of the 2008 lead NAAQS. Florida provided an
attainment emissions inventory for that year. However, the 2014 lead
emissions estimates for unit EU036 (Facility Grounds and Roadways) were
incorrectly reported. The reported value was based on an incorrect
control efficiency of 50 percent, rather than 94 percent. The correct
control efficiency of 94 percent is based on the wet suppression
controls used by the EnviroFocus facility and AP-42 calculations. As
shown in Table 1 (column 3), below, by using the correct control
efficiency, the 2014 lead emissions estimates for unit EU036 are
lowered from 0.178 tpy to 0.0213 tpy.\6\ \7\ Nonetheless, Florida
explains that the emissions estimate of 0.0213 tpy (reflecting the
correct control efficiency of 94 percent) was used in the inputs for
the original modeling that demonstrated attainment and so the
attainment modeling results do not change. The error described above is
limited solely to the representation of the emissions estimate in the
attainment inventory and maintenance demonstration evaluation.
---------------------------------------------------------------------------
\6\ For its original attainment emissions inventory, Florida
used actual emissions obtained from the facility's annual operating
report (AOR).
\7\ Appendices B and C of Florida's January 23, 2020, SIP
revision include calculations to demonstrate the difference in the
2014 emissions for EU036. The SIP revision and all of its appendices
are located in the docket for this proposed action.
---------------------------------------------------------------------------
Additionally, in the attainment emissions inventory, Florida used
the silt level and silt loading factors from a similar facility in
Eagan, Minnesota, to estimate the emissions for EU036 because on-site
data was not available at the time. Since then, EnviroFocus has carried
out on-site measurements for these two factors, as well as updated
[[Page 15842]]
vehicle weight and truck route distances within the facility. These
measured data on the conditions of the soil within the EnviroFocus
facility help to more precisely determine the possible emissions caused
by truck traffic. Using this data, EnviroFocus determined that the
levels of lead near the facility are much lower than those at the Eagan
facility. Specifically, silt loading at EnviroFocus was on average
about one-third of the amount measured in Eagan, and silt content was
about 50 percent lower than at Eagan.
Given the newly obtained site-specific data, and accounting for the
correct control efficiency, the emissions estimates for EU036 are
lowered to 0.0026 tpy and the facility-wide emissions estimate is
lowered to 0.272 tpy as shown in Table 1 (column 7).\8\ The value for
EU036 is approximately 98 percent below the erroneous emissions
estimate of the original emissions inventory and approximately 88
percent below the emissions estimate that reflects the correct control
efficiency and non-site specific data from the Eagan facility.
---------------------------------------------------------------------------
\8\ In addition, Table 1 of Florida's January 23, 2020, SIP
revision shows the results of on-site samples for the EnviroFocus
facility and compares them to results from the Eagan, Minnesota
facility. Additionally, Appendix D of Florida's SIP revision
includes calculations to demonstrate the difference in the 2014
emissions for EU036 when using site-specific data. These documents
can be accessed through the docket for this proposed action.
Table 1--EU036 Emissions Comparison, Using Site-Specific and Non Site-Specific Data, as Well as 50% and 94% Control Efficiencies
--------------------------------------------------------------------------------------------------------------------------------------------------------
2014 Lead emissions
---------------------------------------------------------------------------------------------------------------
Non site-specific data (Eagan, MN source) Site-specific data (EnviroFocus)
---------------------------------------------------------------------------------------------------------------
Original data 94% Control efficiency 50% Control efficiency 94% Control efficiency
* -----------------------------------------------------------------------------------------------
----------------
Emissions Emissions Reduction [%] Emissions Reduction [%] Emissions Reduction [%]
(tpy) (tpy) (tpy) (tpy)
--------------------------------------------------------------------------------------------------------------------------------------------------------
EU036 Emissions......................... 0.178 0.0213 88 0.0218 87.8 0.0026 98.5
Total Emissions Facility-wide........... 0.447 0.291 34.9 0.291 34.9 0.272 39.2
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Original Data used non site-specific data from the Eagan, MN facility, and a control efficiency of 50%.
EnviroFocus is the only point source of lead emissions within the
Hillsborough Area, and since the removal of lead from gasoline in the
1990s, there are no on-road mobile sources that would contribute to
lead emissions. EPA proposes to approve the corrected emissions
attainment inventory because Florida is effectively correcting a
reporting error and because the new value is more representative as it
is based on site-specific factors.
(ii) Maintenance Demonstration
In order to demonstrate maintenance through 2029, which is the end
of the first 10-year maintenance period, Florida included projected
lead emissions for the Hillsborough Area for the years 2023, 2026, and
2029 in the maintenance plan and seeks to revise those projected
emissions through its SIP revision. In the original maintenance plan,
Florida used an emissions comparison approach to demonstrate
maintenance and assumed that emissions would remain equal to the 2014
attainment year level.\9\ Due to the increase in permitted production
at the facility, Florida's SIP revision contains revised projected
emissions for 2023, 2026, and 2029.
---------------------------------------------------------------------------
\9\ EPA determined that it was appropriate to use an emissions
comparison approach to demonstrate maintenance in the Area because
local emissions were the primary contributor to nonattainment. See
83 FR 28402 (June 19, 2018) (proposal) and 83 FR 45836 (September
11, 2018) (final). Under this approach, if future projected
emissions in an area remain at or below baseline emissions, then the
related ambient air quality standards should not be exceeded in the
future.
---------------------------------------------------------------------------
Because the emission control measures remain the same, are
federally enforceable, and the EnviroFocus facility is completely
encapsulated with negative pressure, the only anticipated increase in
lead emissions comes from EU036, which encompasses the facility grounds
and roadways. This is due to the increased truck traffic needed to
reach the newly approved production limit and the potential re-
entrained dust caused by this traffic.
As shown in Table 1, the adjusted 2014 emissions inventory, which
includes the correct control efficiency of 94 percent and the site-
specific data for EnviroFocus, shows that lead emissions for the EU036
unit are 0.0026 tpy. By increasing the truck traffic at the facility,
Florida estimates that future emissions for EU036 will be 0.0046 tpy
with the new production limit for the facility. The new facility-wide
total emissions would be 0.274 tpy, an increase of 0.002 tpy from the
corrected 2014 attainment year value of 0.272 tpy.\10\ Table 2, below,
identifies the 2009 base year emissions included in Florida's
attainment plan, the original and corrected attainment year emissions
for comparison, as well as the projected emissions for 2023, 2026, and
2029 that account for the new production limit.
---------------------------------------------------------------------------
\10\ Appendix E of Florida's January 23, 2020, SIP revision
includes calculations to demonstrate the emissions increases due to
the new production limit at EnviroFocus.
\11\ See the discussion in Section II(B)(i) of this notice for
details on the corrected 2014 attainment year emissions.
Table 2--Actual and Projected Annual Lead Emissions (tpy) for the Hillsborough Area; Including the Corrected 2014 Attainment Year Emissions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Corrected 2014 2029
2009 Base year Original 2014 attainment year 2023 Interim 2026 Interim Maintenance
attainment year \11\ year year year
--------------------------------------------------------------------------------------------------------------------------------------------------------
0.588.............................................................. 0.447 0.272 0.274 0.274 0.274
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 15843]]
Florida has revised the projected emissions as described
previously, and these projections indicate that emissions in the Area
will increase slightly from 0.272 tpy to 0.274 tpy, a difference of
less than 1 percent, which is due to the increased potential emissions
from EU036. As EU036 represents the only unit which will have an
emissions increase as a result of the production increase, the revised
projections (in Table 2) are correct and representative of new
conditions, and it is therefore acceptable to hold these projected
values the same throughout the maintenance period.
Although emissions have increased slightly due to the corrected
attainment year value, this increase is negligible and therefore not
enough to cause a violation of the standard throughout the maintenance
period. This is further supported by the fact that the modeling used in
the EPA-approved attainment demonstration showed attainment using the
erroneous emissions estimate of 0.291 tpy discussed in section
II.B.(i), which is higher than the updated 0.274 tpy projected value,
and the modeled controls are still permanent and enforceable. The
attainment demonstration modeled emissions that already accounted for
the corrected control efficiency of 94 percent but did not yet reflect
the site-specific data for silt loading and silt content in the
EnviroFocus facility. Therefore, the projected future emissions for the
Hillsborough Area will remain below the emissions used to demonstrate
attainment and future maintenance (through 2029) when the Area was
redesignated to attainment.
For these reasons, EPA believes that the Hillsborough Area will
continue to maintain the lead standard at least through the year 2029
and that the increase in the production limit for the EnviroFocus
facility will not interfere with any applicable requirement concerning
attainment, RFP, or any other applicable requirement of the CAA.
III. Incorporation by Reference
In this document, EPA is proposing to include in a final rule,
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference into Florida's SIP Air Construction Permit No. 0570057-27-AC
issued by FDEP to EnviroFocus with an effective date of December 14,
2012, except for the following: (1) Conditions not specifically related
to lead emissions, (2) Section 3, Subsection B, Specific Condition 3,
(3) Section 3, Subsection B, Specific Condition 10, (4) Section 3,
Subsection C, Specific Condition 5, and (5) Section 3, Subsection G,
Specific Condition 5. EPA is also proposing to incorporate by reference
into Florida's SIP the following conditions from Air Construction
Permit No. 0570057-37-AC, issued by FDEP to EnviroFocus with an
effective date of November 6, 2019: (1) Section 3, Subsection B,
Specific Condition 2; \12\ (2) Section 3, Subsection B, Specific
Condition 3a; \13\ (3) Section 3, Subsection C, Specific Condition 1;
\14\ and (4) Section 3, Subsection D, Specific Condition 1.\15\
---------------------------------------------------------------------------
\12\ This provision states: ``Lead Production: The maximum
refined lead production from the EFT facility shall not exceed
200,000 tons in any consecutive twelve-month period. [Application
No. 0570057-037-AC and Rule 62-210.200 (PTE), F.A.C.]''
\13\ This provision states: ``Furnace Capacities: Any equipment
or any other changes authorized as part of this permit, shall not
result in any capacity increase of the reverb or blast furnaces. The
reverb furnace shall still be limited to a maximum charge rate of
960 tons per day (TPD) with a maximum capacity of 338,400 tons in
any twelve-month consecutive period. The blast furnace shall still
have a maximum charge rate of 180 TPD with a maximum capacity of
65,700 tons in any twelve-month consecutive period. [Application No.
0570057-037-AC; Rules 62-4.070(3) and 62-210.200(PTE), F.A.C.]''
\14\ This provision states: ``Lead Production: The maximum
refined lead produced from the EFT facility shall not exceed 200,00
tons in any consecutive twelve-month period. [Application No.
0570057-037 and Rule 62-210.200(PTE), F.A.C.]''
\15\ This provision states: ``Production: The maximum refined
lead produced from the enclosed facility shall not exceed 200,000
tons any consecutive twelve-month period. [Application No. 0570057-
037-AC and Rule 62.210.200(PTE), F.A.C.]''
---------------------------------------------------------------------------
EPA has made, and will continue to make, the State Implementation
Plan generally available through www.regulations.gov and at EPA Region
4 office (please contact the person identified in the ``For Further
Information Contact'' section of this preamble for more information).
IV. Proposed Action
EPA is proposing to approve changes regarding the Hillsborough Area
as presented in Florida's January 23, 2020, SIP revision. The proposed
changes include corrections to the attainment emissions inventory and
the maintenance demonstration, including the projected future emissions
inventories, in the maintenance plan for the Area. The SIP revision
also includes recent changes to the construction permit for the
EnviroFocus facility that authorize an increase in the refined lead
production limit at the facility.
EPA proposes to find that the changes to the SIP will not interfere
with any applicable requirement concerning attainment, RFP, or any
other applicable requirement of the CAA. EPA therefore proposes to
incorporate the aforementioned changes to the maintenance plan and the
facility's permit into the Florida SIP.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
proposes to approve state law as meeting Federal requirements and does
not impose additional requirements beyond those imposed by state law.
For that reason, this proposed action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe
[[Page 15844]]
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it
impose substantial direct costs on tribal governments or preempt tribal
law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 16, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
[FR Doc. 2021-06082 Filed 3-24-21; 8:45 am]
BILLING CODE 6560-50-P
