[Federal Register Volume 83, Number 118 (Tuesday, June 19, 2018)]
[Proposed Rules]
[Pages 28402-28408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13148]



[[Page 28402]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52 and 81

[EPA-R04-OAR-2018-0182; FRL-9979-63--Region 4]


Air Plan Approval and Air Quality Designation; Florida: 
Redesignation of the Hillsborough County Lead Area to Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On March 26, 2018, the State of Florida, through the Florida 
Department of Environmental Protection (Department), submitted a 
request for the Environmental Protection Agency (EPA) to redesignate 
the Hillsborough County lead nonattainment area (hereinafter referred 
to as the ``Hillsborough Area'' or ``Area'') to attainment for the 2008 
lead National Ambient Air Quality Standards (NAAQS) and an accompanying 
State Implementation Plan (SIP) revision containing a maintenance plan 
for the Area. The Hillsborough Area is comprised of a portion of 
Hillsborough County in Florida, within a 1.5 kilometer (km) radius of 
the EnviroFocus Technologies, LLC facility (EnviroFocus). EPA is 
proposing to determine that the Hillsborough Area is attaining the 2008 
lead NAAQS; to approve the SIP revision containing the State's 
maintenance plan for maintaining attainment of the 2008 lead standard 
and to incorporate the maintenance plan into the SIP; and to 
redesignate the Hillsborough Area to attainment for the 2008 lead 
NAAQS.

DATES: Comments must be received on or before July 19, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2018-0182 at http://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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Andres Febres, 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. Mr. Febres can be reached by phone at (404) 562-8966 or via 
electronic mail at <a href="/cdn-cgi/l/email-protection#583e3d3a2a3d2b7535392a2c31363d227639363c2a3d2b183d2839763f372e"><span class="__cf_email__" data-cfemail="b3d5d6d1c1d6c09eded2c1c7daddd6c99dd2ddd7c1d6c0f3d6c3d29dd4dcc5">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. What actions is EPA proposing?

    EPA is proposing to take the following three separate but related 
actions: (1) To determine that the Hillsborough Area attained the 2008 
lead NAAQS based on quality-assured, complete, and certified ambient 
monitoring data for the 2014-2016 period and that the Area continues to 
attain the standard based on quality-assured, complete, and certified 
ambient monitoring data for the 2014-2017 period; (2) to approve 
Florida's maintenance plan for maintaining the 2008 lead NAAQS in the 
Area and incorporate it into the SIP; and (3) to redesignate the 
Hillsborough Area to attainment. The Hillsborough Area is comprised of 
a portion of Hillsborough County, Florida, bounded by a 1.5 km radius 
centered at Universal Transverse Mercator (UTM) coordinates 364104 
meters East, 3,093,830 meters North, Zone 17, which surrounds 
EnviroFocus.
    EPA is making the preliminary determination that the Hillsborough 
Area is attaining the 2008 lead NAAQS based on recent air quality data, 
and proposing to approve Florida's SIP revision containing the 
maintenance plan for the Hillsborough Area, in accordance to the 
requirements of section 175A. The maintenance plan submitted with 
Florida's request for redesignation is intended to help keep the 
Hillsborough Area in attainment of the 2008 lead NAAQS through the year 
2029.
    Finally, EPA is proposing to determine that the Hillsborough Area 
has met the requirements for redesignation under section 107(d)(3)(E) 
of the CAA. Accordingly, EPA is proposing to approve a request to 
change the legal designation of the portion of Hillsborough County that 
is designated nonattainment to attainment for the 2008 lead NAAQS.

II. 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 as a nonattainment area for 
the 2008 lead NAAQS on November 22, 2010 (75 FR 71033), effective 
December 31, 2010, using 2007-2009 ambient air quality data. This 
established an attainment date of five years after the December 31, 
2010, effective date for the 2008 lead nonattainment designations 
pursuant to CAA section 172(a)(2)(A). Therefore, the Hillsborough 
Area's attainment date was December 31, 2015.
    EPA's 2008 lead nonattainment designation for the Area triggered an 
obligation for Florida to develop a nonattainment SIP revision 
addressing certain CAA requirements under title I, part D, subpart 1 
(hereinafter ``Subpart 1'') and to submit that SIP revision in 
accordance with the deadlines in title I, part D, subpart 5 
(hereinafter ``Subpart 5''). Subpart 1 contains the general 
requirements for nonattainment areas for criteria pollutants, including 
requirements to develop a SIP that provides for the implementation of 
reasonably available control measures (RACM), requires reasonable 
further progress (RFP), includes base-year and attainment-year 
emissions inventories, and provides for the implementation of 
contingency measures.
    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, RACM requirements 
that include reasonably available control technology (RACT), an RFP 
plan, and contingency measures for the Hillsborough Area.

III. Criteria for Redesignation

    The CAA provides the requirements for redesignating a nonattainment 
area to attainment. Specifically, section 107(d)(3)(E) of the CAA 
allows for redesignation providing that: (1) The Administrator 
determines that the area

[[Page 28403]]

has attained the applicable NAAQS; (2) the Administrator has fully 
approved the applicable implementation plan for the area under section 
110(k); (3) the Administrator determines that the improvement in air 
quality is due to permanent and enforceable reductions in emissions 
resulting from implementation of the applicable SIP and applicable 
Federal air pollutant control regulations and other permanent and 
enforceable reductions; (4) the Administrator has fully approved a 
maintenance plan for the area as meeting the requirements of section 
175A; and (5) the state containing such area has met all requirements 
applicable to the area for purposes of redesignation under section 110 
and part D of the CAA.
    On April 16, 1992, EPA provided guidance on redesignation in the 
General Preamble for the Implementation of title I of the CAA 
Amendments of 1990 (57 FR 13498), and supplemented this guidance on 
April 28, 1992 (57 FR 18070). EPA has provided further guidance on 
processing redesignation requests in the following documents:
    1. ``Procedures for Processing Requests to Redesignate Areas to 
Attainment,'' Memorandum from John Calcagni, Director, Air Quality 
Management Division, September 4, 1992 (hereinafter referred to as the 
``Calcagni Memorandum'');
    2. ``State Implementation Plan (SIP) Actions Submitted in Response 
to Clean Air Act (CAA) Deadlines,'' Memorandum from John Calcagni, 
Director, Air Quality Management Division, October 28, 1992; and
    3. ``Part D New Source Review (Part D NSR) Requirements for Areas 
Requesting Redesignation to Attainment,'' Memorandum from Mary D. 
Nichols, Assistant Administrator for Air and Radiation, October 14, 
1994.

IV. Why is EPA proposing these actions?

    On March 26, 2018, Florida requested that EPA redesignate the 
Hillsborough Area to attainment for the 2008 lead NAAQS and submitted 
an associated SIP revision containing a maintenance plan. EPA's 
evaluation indicates that the Hillsborough Area is attaining the 2008 
lead NAAQS and that it meets the requirements for redesignation as set 
forth in section 107(d)(3)(E), including the maintenance plan 
requirements under section 175A of the CAA. As a result, EPA is 
proposing to take the three related actions summarized in section I of 
this document.

V. EPA's Analysis of the State's Redesignation Request and SIP Revision

    As stated above, in accordance with the CAA, EPA proposes to: (1) 
Determine that the Hillsborough Area is attaining the 2008 lead NAAQS; 
(2) approve the 2008 lead NAAQS maintenance plan for the Area and 
incorporate it into the Florida SIP; and (3) redesignate the Area to 
attainment for the 2008 lead NAAQS.
    The five redesignation criteria provided under CAA section 
107(d)(3)(E) are discussed in greater detail for the Hillsborough Area 
in the following paragraphs.
    Criteria (1)--The Administrator determines that the area has 
attained the NAAQS.
    For redesignating a nonattainment area to attainment, the CAA 
requires EPA to determine that the area has attained the applicable 
NAAQS. See CAA section 107(d)(3)(E)(i). For lead, an area may be 
considered to be attaining the 2008 lead NAAQS if it meets the 2008 
lead NAAQS, as determined in accordance with 40 CFR 50.16 and Appendix 
R of part 50, based on three complete, consecutive calendar years of 
quality-assured air quality monitoring data. To attain the NAAQS, the 
maximum arithmetic 3-month mean concentration for a 3-year period lead 
concentration measured at each monitor within an area must not exceed 
0.15 [mu]g/m\3\. The data must be collected and quality-assured in 
accordance with 40 CFR part 58 and recorded in EPA's Air Quality System 
(AQS). The monitors should have remained at the same location for the 
duration of the monitoring period required for demonstrating 
attainment.
    Monitoring data for the Hillsborough Area shows that the 2008 lead 
NAAQS was attained. As demonstrated in Table 1, below, the 2014-2016 
and 2015-2017 design values for the Area are all at or below the 2008 
lead standard of 0.15 [mu]g/m\3\. As a reference, the highest design 
values during the period 2009-2017 are also shown in Table 1 and the 
percent reductions that have been achieved from these values.
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    \1\ Air quality design values for all criteria air pollutants 
are available at: https://www.epa.gov/air-trends/air-quality-design-values.
    \2\ 2017 data is available at https://www.epa.gov/outdoor-air-quality-data/monitor-values-report.

                                Table 1--Monitored Design Values ([mu]g/m\3\) and Reduction (%) for the Hillsborough Area
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                                                                                                                                              Percent
                                                                                          Highest design     2014-2016       2015-2017     reduction in
       Monitoring Station (AQS site ID)                     Attainment date                 value 2009-    Design value    Design value    design value
                                                                                               2017             \1\             \2\             (%)
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Gulf Coast Lead (12-057-1066)................  January 2017.............................            0.98            0.13            0.13              87
Patent Scaffolding (12-057-1073).............  January 2016.............................            0.42            0.15            0.15              64
Kenly (12-057-0100)..........................  n/a......................................            0.04            0.01            0.01              75
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    Although 2014-2016 data was the most recent quality-assured, 
complete, and certified data at the time of Florida's redesignation 
request, 2015-2017 quality-assured, complete, and certified data is now 
available. As presented in Table 1 above, the 2015-2017 data shows that 
the Area continues to attain the standard. Preliminary 2018 data also 
indicates that the Area continues to attain the standard.\3\ In this 
proposed action, EPA is proposing to determine that the Hillsborough 
Area attained the 2008 lead NAAQS based on quality-assured, complete, 
and certified ambient monitoring data for the 2014-2016 period and that 
the Area continues to attain the standard based on quality-assured, 
complete, and certified ambient monitoring data for the 2015-2017 
period. However, if the Area does not continue to attain the standard 
before EPA finalizes the redesignation, EPA will not go forward with 
the redesignation. As discussed in more detail below, Florida has 
committed to continue monitoring ambient air lead concentrations in 
this Area in accordance with 40 CFR part 58, as well as to consult with 
EPA Region 4 regarding any future changes to the monitoring network.
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    \3\ Preliminary 2018 data is available at https://www.epa.gov/outdoor-air-quality-data/monitor-values-report.

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[[Page 28404]]

    Criteria (2)--The Administrator fully approves the applicable 
implementation plan for the area under section 110(k); and Criteria 
(5)--The State containing such area has met all requirements applicable 
to the area under section 110 and part D of title I of the CAA.
    For redesignating a nonattainment area to attainment, the CAA 
requires EPA to determine that the state has a fully approved SIP under 
section 110(k) for the area (See CAA section 107(d)(3)(E)(ii)), and 
that the state has met all applicable requirements under section 110 
and part D of title I of the CAA (See CAA section 107(d)(3)(E)(v)). EPA 
proposes to find that Florida has met all applicable SIP requirements 
for the Hillsborough Area under section 110 of the CAA (general SIP 
requirements) for purposes of redesignation. Additionally, EPA proposes 
to find that Florida has met all applicable SIP requirements for 
purposes of redesignation under part D of title I of the CAA in 
accordance with section 107(d)(3)(E)(v) and that the SIP is fully 
approved with respect to all requirements applicable for purposes of 
redesignation in accordance with section 107(d)(3)(E)(ii). In making 
these proposed determinations, EPA ascertained which requirements are 
applicable to the Area and, if applicable, that they are fully approved 
under section 110(k). SIPs must be fully approved only with respect to 
requirements that were applicable prior to submittal of the complete 
redesignation request.

A. The Hillsborough Area Has Met All Applicable Requirements Under 
Section 110 and Part D of the CAA

1. General SIP Requirements
    General SIP elements and requirements are delineated in section 
110(a)(2) of title I, part A of the CAA. These requirements include, 
but are not limited to, the following: Submittal of a SIP that has been 
adopted by the state after reasonable public notice and hearing; 
provisions for establishment and operation of appropriate procedures 
needed to monitor ambient air quality; implementation of a stationary 
source permit program; provisions for the implementation of part C 
requirements (Prevention of Significant Deterioration (PSD)) and 
provisions for the implementation of part D requirements (New Source 
Review (NSR) permit programs); provisions for air pollution modeling; 
and provisions for public and local agency participation in planning 
and emission control rule development.
    Section 110(a)(2)(D) requires that SIPs contain certain measures to 
prevent sources in a state from significantly contributing to air 
quality problems in another state. To implement this provision, EPA has 
required certain states to establish programs to address the interstate 
transport of air pollutants. The section 110(a)(2)(D) requirements for 
a state are not linked with a particular nonattainment area's 
designation and classification in that state. EPA believes that the 
requirements linked with a particular nonattainment area's designation 
and classifications are the relevant measures to evaluate in reviewing 
a redesignation request. The transport SIP submittal requirements, 
where applicable, continue to apply to a state regardless of the 
designation of any one particular area in the state. Thus, EPA does not 
believe that the CAA's interstate transport requirements should be 
construed to be applicable requirements for purposes of redesignation.
    In addition, EPA believes that other section 110 elements that are 
neither connected with nonattainment plan submissions nor linked with 
an area's attainment status are not applicable requirements for 
purposes of redesignation. The area will still be subject to these 
requirements after the area is redesignated. The section 110 and part D 
requirements which are linked with a particular area's designation and 
classification are the relevant measures to evaluate in reviewing a 
redesignation request. This approach is consistent with EPA's existing 
policy on applicability (i.e., for redesignations) of conformity and 
oxygenated fuels requirements, as well as with section 184 ozone 
transport requirements. See Reading, Pennsylvania, proposed and final 
rulemakings (61 FR 53174, October 10, 1996), (62 FR 24826, May 7, 
2008); Cleveland-Akron-Loraine, Ohio, final rulemaking (61 FR 20458, 
May 7, 1996); and Tampa, Florida, final rulemaking at (60 FR 62748, 
December 7, 1995). See also the discussion on this issue in the 
Cincinnati, Ohio, redesignation (65 FR 37890, June 19, 2000), and in 
the Pittsburgh, Pennsylvania, redesignation (66 FR 50399, October 19, 
2001). Nonetheless, EPA has approved Florida's SIP revision related to 
the section 110 requirements for the 2008 lead NAAQS. See 80 FR 14019 
(March 18, 2015); and 80 FR 57538 (September 24, 2015).
2. Title I, Part D, Applicable SIP Requirements
    Subpart 1 of part D, comprised of sections 171-179B of the CAA, 
sets forth the basic nonattainment requirements applicable to all 
nonattainment areas. All areas that were designated nonattainment for 
the 2008 lead NAAQS were designated under Subpart 1 of the CAA in 
accordance with the deadlines in Subpart 5. For purposes of evaluating 
this redesignation request, the applicable Subpart 1 SIP requirements 
for all nonattainment areas are contained in sections 172(c)(1)-(9) and 
in section 176. A thorough discussion of the requirements contained in 
sections 172 and 176 can be found in the General Preamble for 
Implementation of title I. See 57 FR 13498 (April 16, 1992).
a. Subpart 1 Section 172
    Section 172 requires states with nonattainment areas to submit 
attainment plans providing for timely attainment and meeting a variety 
of other requirements. EPA's longstanding interpretation of the 
nonattainment planning requirements of section 172 is that once an area 
is attaining the NAAQS, those requirements are not ``applicable'' for 
purposes of CAA section 107(d)(3)(E)(ii) and therefore need not be 
approved into the SIP before EPA can redesignate the area. In the 1992 
General Preamble for Implementation of Title I, EPA set forth its 
interpretation of applicable requirements for purposes of evaluating 
redesignation requests when an area is attaining a standard. See 57 FR 
13498, 13564 (April 16, 1992). EPA noted that the requirements for RFP 
and other measures designed to provide for attainment do not apply in 
evaluating redesignation requests because those nonattainment planning 
requirements ``have no meaning'' for an area that has already attained 
the standard. Id. This interpretation was also set forth in the 
Calcagni Memorandum. EPA's understanding of section 172 also forms the 
basis of its Clean Data Policy, which suspends a state's obligation to 
submit most of the attainment planning requirements that would 
otherwise apply, including an attainment demonstration and planning 
SIPs to provide for RFP, RACM, and contingency measures under section 
172(c)(9).
    As discussed above, EPA previously approved Florida's attainment 
plan for the Area. See 80 FR 20441 (April 16, 2015). Among other 
things, the attainment plan for the Area satisfied the section 
172(c)(1) requirements for RACM; 172(c)(2) requirements related to RFP; 
172(c)(3) requirements for an emissions inventory; 172(c)(6) 
requirements for permanent and enforceable control measures necessary 
to provide attainment of the NAAQS by the attainment date; and section

[[Page 28405]]

172(c)(9) requirements for contingency measures.
    Section 172(c)(4) requires the identification and quantification of 
allowable emissions for major new and modified stationary sources to be 
allowed in an area, and section 172(c)(5) requires source permits for 
the construction and operation of new and modified major stationary 
sources anywhere in the nonattainment area. Florida currently has a 
fully-approved part D NSR program in place. However, EPA has determined 
that, since PSD requirements will apply after redesignation, areas 
being redesignated need not comply with the requirement that a NSR 
program be approved prior to redesignation, provided that the area 
demonstrates maintenance of the NAAQS without part D NSR. A more 
detailed rationale for this view is described in a memorandum from Mary 
Nichols, Assistant Administrator for Air and Radiation, dated October 
14, 1994, entitled ``Part D New Source Review Requirements for Areas 
Requesting Redesignation to Attainment.'' Florida has demonstrated that 
the Area will be able to maintain the NAAQS without part D NSR in 
effect, and therefore Florida need not have fully approved part D NSR 
programs prior to approval of the redesignation request. Florida's PSD 
program will become effective in the Area upon redesignation to 
attainment.
    Section 172(c)(7) requires the SIP to meet the applicable 
provisions of section 110(a)(2). As noted above, EPA believes that the 
Florida's SIP meets the requirements of section 110(a)(2) applicable 
for purposes of redesignation.
    Finally, Section 172(c)(8) allows a state to use equivalent 
modeling, emission inventory, and planning procedures if such use is 
requested by the state and approved by EPA. Florida has not requested 
the use of equivalent techniques under section 172(c)(8).
b. Subpart 1 Section 176--Conformity Requirements
    Section 176(c) of the CAA requires states to establish criteria and 
procedures to ensure that federally supported or funded projects 
conform to the air quality planning goals in the applicable SIP. The 
requirement to determine conformity applies to transportation plans, 
programs, and projects that are developed, funded, or approved under 
title 23 of the United States Code (U.S.C.) and the Federal Transit Act 
(transportation conformity) as well as to all other federally supported 
or funded projects (general conformity). State transportation 
conformity SIP revisions must be consistent with Federal conformity 
regulations relating to consultation, enforcement, and enforceability 
that EPA promulgated pursuant to its authority under the CAA. In light 
of the elimination of lead additives in gasoline, transportation 
conformity does not apply to the lead NAAQS. See 73 FR 66964 (November 
12, 2008).

B. The Hillsborough Area Has a Fully Approved Applicable SIP Under 
Section 110(k) of the CAA

    EPA has fully approved the applicable Florida SIP for the 
Hillsborough Area under section 110(k) of the CAA for all requirements 
applicable for purposes of redesignation. EPA may rely on prior SIP 
approvals in approving a redesignation request (see Calcagni Memorandum 
at p. 3; Southwestern Pennsylvania Growth Alliance v. Browner, 144 F.3d 
984, 989-90 (6th Cir. 1998); Wall, 265 F.3d 426) plus any additional 
measures it may approve in conjunction with a redesignation action. See 
68 FR 25426 (May 12, 2003) and citations therein. Following passage of 
the CAA of 1970, Florida has adopted and submitted, and EPA has fully 
approved at various times, provisions addressing various SIP elements 
applicable for the 2008 lead NAAQS in the Hillsborough Area. See 80 FR 
14019 (March 18, 2015); 80 FR 57538 (September 24, 2015); and 80 FR 
20441 (April 16, 2015).
    As indicated above, EPA believes that the section 110 elements that 
are neither connected with nonattainment plan submissions nor linked to 
an area's nonattainment status are not applicable requirements for 
purposes of redesignation.
    Criteria (3)--The Administrator determines that the improvement in 
air quality is due to permanent and enforceable reductions in emissions 
resulting from implementation of the applicable SIP and applicable 
Federal air pollution control regulations and other permanent and 
enforceable reductions.
    For redesignating a nonattainment area to attainment, the CAA 
requires EPA to determine that the air quality improvement in the area 
is due to permanent and enforceable reductions in emissions resulting 
from implementation of the SIP, applicable Federal air pollution 
control regulations, and other permanent and enforceable reductions 
(CAA section 107(d)(3)(E)(iii)). EPA has preliminarily determined that 
Florida has demonstrated that the observed air quality improvement in 
the Hillsborough Area is due to permanent and enforceable reductions in 
emissions.
    When EPA designated the Hillsborough Area as a nonattainment for 
the lead NAAQS, EPA determined that operations at EnviroFocus were the 
primary cause of the 2008 lead NAAQS violation in the Area.\4\ In 2012, 
the State submitted an attainment plan that contained a construction 
permit \5\ with lead controls needed to attain the NAAQS to satisfy the 
section 172(c)(1) RACM requirement. These controls were part of a 
modernization project for the facility and included: Baghouses capable 
of achieving over 99 percent efficiency for exhaust control of all 
smelting and refining operations; local exhaust vents (LEVs) for 
fugitive emissions from the process; wet suppression (via a sprinkler 
system), vacuum sweeping, and wheel washing of vehicles exiting the 
building; and a complete enclosure of the facility with negative-
pressure. EPA approved these controls as RACM/RACT and incorporated 
them into the SIP, making them permanent and enforceable SIP measures 
to meet the requirements of the CAA and 2008 Lead NAAQS. See 80 FR 
20441 (April 16, 2015). In addition, the Facility is subject to the 
revised secondary lead smelting National Emissions Standards for 
Hazardous Air Pollutants (NESHAP).\6\ Florida has incorporated the 
requirements to install and operate controls related to RACM/RACT and 
the lead NESHAP into the Facility's March 6, 2017 Title V permit.\7\ 
EPA considers the emissions reductions from the lead controls at 
EnviroFocus to be permanent and enforceable.
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    \4\ See Region 4--Final Florida Technical Support Document For 
1st Round of Lead Designations, available at http://www.regulations.gov, document ID EPA-HQ-OAR-2009-0443-0330.
    \5\ Construction permit No. 0570057-027-AC (issued by the 
Department on December 14, 2012), available at http://www.regulations.gov, document ID EPA-R04-OAR-2014-0220-0002.
    \6\ See 78 FR 54835 (September 9, 2013). The secondary lead 
NESHAP, codified at 40 CFR part 63, subpart X, sets emissions 
standards for facilities that recycle lead-bearing scrap material, 
typically lead acid batteries, into elemental lead or lead alloys. 
EPA promulgated the standard in 1997 and revised it in 2012 (with 
amendments in 2014).
    \7\ Title V permit No. 0570057-033-AV.
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    Criteria (4)--The Administrator fully approves a maintenance plan 
for the area as meeting the requirements of section175A of the CAA.
    For redesignating a nonattainment area to attainment, the CAA 
requires EPA to determine that the area has a fully approved 
maintenance plan pursuant to section 175A of the CAA. See CAA section 
107(d)(3)(E)(iv). In conjunction with its request to redesignate the 
Hillsborough Area to

[[Page 28406]]

attainment for the 2008 lead NAAQS, Florida submitted a SIP revision to 
provide for maintenance of the 2008 lead NAAQS for at least 10 years 
after the effective date of redesignation to attainment. EPA believes 
that this maintenance plan meets the requirements for approval under 
section 175A of the CAA.
a. What is required in a maintenance plan?
    Section 175A of the CAA sets forth the elements of a maintenance 
plan for areas seeking redesignation from nonattainment to attainment. 
Under section 175A, the plan must demonstrate continued attainment of 
the applicable NAAQS for at least 10 years after the Administrator 
approves a redesignation to attainment. Eight years after the 
redesignation, the state must submit a revised maintenance plan 
demonstrating that attainment will continue to be maintained for the 10 
years following the initial 10-year period. To address the possibility 
of future NAAQS violations, the maintenance plan must contain such 
contingency measures as EPA deems necessary to assure prompt correction 
of any future 2008 lead violations. The Calcagni Memorandum provides 
further guidance on the content of a maintenance plan, explaining that 
a maintenance plan should address five requirements: The attainment 
emissions inventory, maintenance demonstration, monitoring, 
verification of continued attainment, and a contingency plan. As is 
discussed more fully below, EPA has preliminarily determined that 
Florida's maintenance plan includes all the necessary components and is 
thus proposing to approve it as a revision to the Florida SIP.
b. Attainment Emissions Inventory
    As mentioned above, EPA is proposing to determine that the 
Hillsborough Area is attaining the 2008 lead NAAQS based on monitoring 
data for the 3-year period from 2014-2016 and continuing to attain 
based on 2015-2017 data. In its attainment emissions inventory, Florida 
selected 2014 as the attainment year. The attainment inventory 
identifies a level of emissions in the Area that is sufficient to 
attain the 2008 lead NAAQS. To demonstrate maintenance through 2029, 
Florida included projected lead emissions for the Area for the years 
2020, 2023, 2026, and 2029. In its maintenance plan, Florida also 
included 2009 base year emissions from its attainment plan in order to 
show emissions reductions for the Hillsborough Area.
    A description of how Florida developed the emissions inventory is 
located in section 1 of the maintenance plan. EnviroFocus is the only 
point source of lead emissions within the Area, and since the removal 
of lead from gasoline in the 1990s, there are no on-road mobile source 
contributions. For the 2009 base year and the 2014 attainment year 
emissions inventories, Florida used actual emissions from the 
facility's annual operating report (AOR). For the projected 2020, 2023, 
2026, and 2029 inventories, Florida assumed that emissions would remain 
equal to the 2014 emission levels, because the State does not 
anticipate any new development in the Area that would increase lead 
emissions. Furthermore, the control measures that resulted in the 
improvement in lead air quality are permanent and enforceable and will 
remain in effect after redesignation. Table 2, below, identifies base 
year emissions, and attainment year emissions, as well as projected 
emissions for 2020, 2023, 2026, and 2029.
c. Maintenance Demonstration
    The maintenance plan associated with the redesignation request 
includes a maintenance demonstration that:
    (i) Shows compliance with and maintenance of the 2008 lead NAAQS by 
providing information to support the demonstration that current and 
future emissions of lead remain at or below 2014 emissions levels.
    (ii) Uses 2014 as the attainment year and includes future emissions 
inventory projections for 2020, 2023, 2026 and 2029.
    (iii) Identifies an ``out year'' at least 10 years after the time 
necessary for EPA to review and approve the maintenance plan.
    (iv) Provides actual (2009 and 2014) and projected emissions 
inventories, in tons per year (tpy), for the Hillsborough Area, as 
shown in Table 2, below.

               Table 2--Actual and Projected Annual Lead Emissions (tpy) for the Hillsborough Area
----------------------------------------------------------------------------------------------------------------
                    2014 Attainment                                                             2029 Maintenance
  2009 Base year          year        2020 Interim year  2023 Interim year  2026 Interim year         year
----------------------------------------------------------------------------------------------------------------
          0.588              0.447              0.447              0.447              0.447              0.447
----------------------------------------------------------------------------------------------------------------

    In situations where local emissions are the primary contributor to 
nonattainment, such as the Hillsborough Area, if the future projected 
emissions in the nonattainment area remain at or below the baseline 
emissions in the nonattainment area, then the related ambient air 
quality standards should not be exceeded in the future. Florida has 
projected emissions as described previously and these projections 
indicate that emissions in the Hillsborough Area will remain at the 
same levels as those in the attainment year inventory for the duration 
of the maintenance plan.
    EPA believes that the Area will continue to maintain the standard 
at least through the year 2029 because the only point source of lead 
emissions in the Area has instituted permanent and enforceable 
controls, which are reflected in the 2014 and later emissions 
inventories, and the 2014-2016 and 2015-2017 design values for the Area 
meet the NAAQS.
d. Monitoring Network
    Currently, Florida operates (through the Hillsborough County 
Environmental Protection Commission or EPC) three ambient air monitors 
measuring lead concentrations in the Hillsborough Area that meet the 
requirements of 40 CFR part 58. Florida has committed to maintain an 
appropriate and well-sited monitoring network in the Hillsborough Area 
throughout the maintenance plan period in order to verify the continued 
maintenance of the 2008 lead NAAQS and has thus addressed the 
requirement for monitoring. Additionally, Florida has committed to 
consult with EPA prior to making any changes to the existing monitoring 
network plan; continue to quality assure the data in accordance with 40 
CFR part 58, subpart B; and enter all data into EPA's AQS in a timely 
manner. EPA approved Florida's monitoring plan related to the 
Hillsborough Area on October 19, 2017.
e. Verification of Continued Attainment
    Florida has the legal authority to enforce and implement the 
maintenance plan for the Area. This includes the authority to adopt, 
implement, and

[[Page 28407]]

enforce any subsequent emissions control contingency measures 
determined to be necessary to correct future lead attainment problems.
    Currently, all measures necessary to attain and maintain the 2008 
lead NAAQS are included in the SIP-approved Hillsborough Area 
attainment plan and have been implemented by EnviroFocus. According to 
the State, EnviroFocus will continue to make improvements to the 
facility to further reduce lead emissions that were not required by the 
Area's attainment plan. Florida will continue to verify attainment of 
the 2008 lead NAAQS in the Area through its established monitoring 
network plan, as discussed above. Additionally, EnviroFocus is required 
to submit emissions data to the State through its annual operating 
reports, which will be used to verify the facility's compliance with 
permitted emission limits, and assess emission trends in the Area.
f. Contingency Measures in the Maintenance Plan
    Section 175A of the CAA requires that a maintenance plan include 
such contingency measures as EPA deems necessary to assure that the 
state will promptly correct a violation of the NAAQS that occurs after 
redesignation. The maintenance plan should identify the contingency 
measures to be adopted, a schedule and procedure for adoption and 
implementation, and a time limit for action by the state. A state 
should also identify specific indicators to be used to determine when 
the contingency measures need to be implemented. The maintenance plan 
must include a requirement that a state will implement all measures 
with respect to control of the pollutant that were contained in the SIP 
before redesignation of the area to attainment in accordance with 
section 175A(d).
    In the March 26, 2018, SIP revision, Florida commits to maintaining 
the existing control measures at EnviroFocus after redesignation. As 
discussed above, EnviroFocus is the primary contributor to lead in the 
nonattainment area, the Facility is subject to the secondary lead 
NESHAP, and EPA has incorporated the lead control measures for the 
Facility into the SIP as RACM/RACT. See 80 FR 20441 (April 16, 2015).
    The contingency plan included in the maintenance plan contains 
several triggers to determine when contingency measures are needed and 
what kind of measures should be used. In the event that any one-month 
period averages greater than 0.15 [mu]g/m\3\ at any monitor in the 
Area, EnviroFocus, once notified by the Department or Environmental 
Protection Commission of Hillsborough County (EPC), must immediately 
initiate an enhanced Operation & Maintenance (O&M) Plan for lead 
control. This enhanced O&M Plan must include the following:
    <bullet> Immediately begin a daily 12-minute reading of visible 
emissions on each lead outlet following EPA's Method #9;
    <bullet> Within 14 days, complete a dye leak check on every 
filtration device which controls a lead source and cease operations of 
any device that fails the test until the leak is fixed and the device 
passes a second leak test;
    <bullet> Immediately increase the sprinkler system frequency. The 
frequency should be adjusted to 5 minutes every 30 minutes during 
daylight hours, and 5 minutes every 60 minutes during nighttime hours;
    <bullet> Immediately begin to vacuum the paved yard three times a 
day, except during rain events or 2 hours following a rain event; and
    <bullet> Keep daily records of these activities and submit these 
records monthly to the Department or EPC, or anytime upon request.
    The contingency measures outlined above must be continued for a 
minimum of 90 days or until the Department has determined that they are 
no longer needed.
    In the event that any three consecutive month period averages 
greater than 0.15 [mu]g/m\3\ at any monitor in the Area, EnviroFocus, 
once notified by the Department or EPC, must continue with the measures 
detailed in the O&M Plan listed above and:
    <bullet> Immediately cease construction activities on site that 
disturb soil;
    <bullet> Immediately restrict traffic within the facility area to 
only essential vehicles;
    <bullet> The Department may require immediate restriction of the 
daily production of lead from the blast and reverb furnaces; and
    <bullet> Keep daily records of these activities and submit these 
records monthly to the Department or EPC, or anytime upon request.
    The contingency measures outlined above must be continued for a 
minimum of 90 days or until the Department has determined that they are 
no longer needed.
    In the event that a fourth consecutive month is greater than 0.15 
[mu]g/m\3\ at any monitor in the Area, EnviroFocus must continue with 
the measures listed above. The Department may then require additional 
production restrictions and/or contingency measures as it deems 
necessary to reduce ambient lead concentrations in the Area. The 
Department will transmit written descriptions of any such contingency 
measures by certified letter. These measures will be effective 
immediately upon receipt and will remain in effect until such time as 
the Department has determined that they are no longer needed. 
Applicable emissions abatement measures may be revisited each and every 
consecutive month during which a lead monitor in the Area averages 
above the NAAQS.
    If a violation is recorded in any of the monitors in the Area, 
Florida will immediately begin a 30-day evaluation period to diagnose 
the cause of the violation. Following this evaluation, a 90-day 
consultation period will begin between the State and EnviroFocus to 
determine the best course of action. If a permit modification is 
necessary, the State would issue a final permit in accordance to 
Sections 120 and 403 of the Florida Statutes. For additional details on 
the contingency plan, refer to section 5 of the maintenance plan.
    EPA has preliminarily concluded that the maintenance plan 
adequately addresses the five basic components of a maintenance plan: 
The attainment emissions inventory; maintenance demonstration; 
monitoring; verification of continued attainment; and a contingency 
plan. Therefore, EPA proposes to determine that the maintenance plan 
for the Area meets the requirements of section 175A of the CAA and 
proposes to incorporate the maintenance plan into the Florida SIP.

VI. Proposed Actions

    EPA is proposing to take three separate but related actions 
regarding the redesignation request and associated SIP revision for the 
Hillsborough Area.
    First, EPA is proposing to determine that the Area attained the 
2008 lead NAAQS based on quality-assured, complete, and certified 
ambient monitoring data for the 2014-2016 period and that the Area 
continues to attain the standard based on quality-assured, complete, 
and certified ambient monitoring data for the 2014-2017 period.
    Second, EPA is proposing to approve the maintenance plan for the 
Area and to incorporate it into the SIP. As described above, the 
maintenance plan demonstrates that the Area will continue to maintain 
the 2008 lead NAAQS through 2029.
    Third, EPA is proposing to approve Florida's request for 
redesignation of the Area from nonattainment to attainment for the 2008 
lead NAAQS. If finalized, approval of the redesignation request for the 
Hillsborough Area would change the

[[Page 28408]]

official designation of the portion of Hillsborough County, Florida, 
bounded by a 1.5 km radius centered at UTM coordinates 364,104 meters 
East, 3,093,830 meters North, Zone 17, which surrounds EnviroFocus, as 
found at 40 CFR part 81, from nonattainment to attainment for the 2008 
lead NAAQS.

VII. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of a maintenance plan under section 107(d)(3)(E) 
are actions that affect the status of a geographical area and do not 
impose any additional regulatory requirements on sources beyond those 
imposed by state law. A redesignation to attainment does not in and of 
itself create any new requirements, but rather results in the 
applicability of requirements contained in the CAA for areas that have 
been redesignated to attainment. Moreover, 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. 
Accordingly, these proposed actions merely propose to approve state law 
as meeting Federal requirements and do not impose additional 
requirements beyond those imposed by state law. For this reason, these 
proposed actions:
    <bullet> Are not significant regulatory actions 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);
    <bullet> Are not Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory actions because redesignations and SIP approvals are 
exempted under Executive Order 12866;
    <bullet> Do not impose information collection burdens under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> Are 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.);
    <bullet> Do not contain any unfunded mandates or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
    <bullet> Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Are not economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Are not significant regulatory actions subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> Are 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
    <bullet> Will not have disproportionate human health or 
environmental effects under Executive Order 12898 (59 FR 7629, February 
16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Lead, Reporting and 
recordkeeping.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: June 8, 2018.
Onis ``Trey'' Glenn, III
Regional Administrator, Region 4.
[FR Doc. 2018-13148 Filed 6-18-18; 8:45 am]
 BILLING CODE 6560-50-P


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