28402 Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Proposed Rules 

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. 

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 febresmartinez.andres@epa.gov. 

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 qualityassured, 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 (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 

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 


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1Air quality design values for all criteria air 

pollutants are available at: https://www.epa.gov/airtrends/air-quality-design-values. 

2 2017 data is available at https://www.epa.gov/ 

outdoor-air-quality-data/monitor-values-report. 

3Preliminary 2018 data is available at https://

www.epa.gov/outdoor-air-quality-data/monitorvalues-report. 

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 mg/ 

m3. 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 mg/ 

m3. 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. 

TABLE 1—MONITORED DESIGN VALUES (μg/m3) AND REDUCTION (%) FOR THE HILLSBOROUGH AREA

Monitoring Station 

(AQS site ID) 

Attainment 

date 

Highest 

design value 

2009–2017 

2014–2016 

Design value 1

2015–2017 

Design value 2

Percent 

reduction in 

design value 

(%) 

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 

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 qualityassured, 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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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 


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4See 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. 

5Construction 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. 

6See 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). 

7Title V permit No. 0570057–033–AV. 

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. 

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 


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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 onroad 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

2009 Base 

year 

2014 

Attainment 

year 

2020 Interim 

year 

2023 Interim 

year 

2026 Interim 

year 

2029 

Maintenance 

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 


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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 SIPapproved 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 mg/m3 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: 

• Immediately begin a daily 12- 

minute reading of visible emissions on 

each lead outlet following EPA’s 

Method #9; 

• 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; 

• 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; 

• Immediately begin to vacuum the 

paved yard three times a day, except 

during rain events or 2 hours following 

a rain event; and 

• 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 mg/m3 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: 

• Immediately cease construction 

activities on site that disturb soil; 

• Immediately restrict traffic within 

the facility area to only essential 

vehicles; 

• The Department may require 

immediate restriction of the daily 

production of lead from the blast and 

reverb furnaces; and 

• 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 mg/m3 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 qualityassured, 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 


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28408 Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Proposed Rules 

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: 

• 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); 

• Are not Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

actions because redesignations and SIP 

approvals are exempted under 

Executive Order 12866; 

• Do not impose information 

collection burdens under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• 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.); 

• 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); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not economically significant 

regulatory actions based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Are not significant regulatory 

actions subject to Executive Order 

13211 (66 FR 28355, May 22, 2001); 

• 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 

• 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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