Federal Register / Vol. 80, No. 24 / Thursday, February 5, 2015 / Proposed Rules 6485 

TBAC among all VOC-exempt 

compounds. Thus, Executive Order 

13175 does not apply to this rule. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

This action is not subject to Executive 

Order 13045 because it is not 

economically significant as defined in 

E.O. 12866, and because the EPA does 

not believe the environmental health or 

safety risks addressed by this action 

present a disproportionate risk to 

children. This action would remove 

recordkeeping, emissions reporting, 

photochemical dispersion modeling and 

inventory requirements related to use of 

TBAC. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not a ‘‘significant 

energy action’’ because it is not likely to 

have a significant adverse effect on the 

supply, distribution, or use of energy. 

This action would remove existing 

emission inventory reporting and other 

requirements that uniquely apply to 

TBAC among all VOC-exempt 

compounds. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

This action does not involve technical 

standards. 

J. Executive Order 12898: Federal 

Actions to Address Environmental 

Justice in Minority and Low-Income 

Populations 

The EPA believes the human health or 

environmental risks addressed by this 

action will not have disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations because it does 

not affect the level of protection 

provided to human health or the 

environment. The EPA did not conduct 

an environmental analysis for this rule 

because the EPA does not believe that 

removing the unique reporting 

requirements will lead to substantial 

and predictable changes in the use of 

TBAC in and near particular 

communities. 

List of Subjects in 40 CFR Part 51 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Ozone, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: January 29, 2015. 

Gina McCarthy, 

Administrator. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency proposes to amend part 51 of 

chapter I of title 40 of the Code of 

Federal Regulations as follows: 

PART 51—REQUIREMENTS FOR 

PREPARATION ADOPTION AND 

SUBMITTAL OF IMPLEMENTATION 

PLANS SUBPART F PROCEDURAL 

REQUIREMENTS 

■ 1. The authority citation for part 51, 

subpart F, continues to read as follows: 

Authority: 42 U.S.C. 7401, 7411, 7412, 

7413, 7414, 7470–7479, 7501–7508, 7601, 

and 7602. 

§ 51.100 [Amended] 

■ 2. Section 51.100 is amended by: 

■ a. Adding the term ‘‘t-butyl acetate;’’ 

before the phrase ‘‘perfluorocarbon 

compounds which fall into these 

classes:’’ to paragraph (s)(1) 

introductory text; and 

■ b. Removing and reserving paragraph 

(s)(5). 

[FR Doc. 2015–02325 Filed 2–4–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 

[EPA–R04–OAR–2014–0220; FRL–9922–41– 

Region 4] 

Air Quality Implementation Plan; 

Florida; Attainment Plan for the 

Hillsborough Area for the 2008 Lead 

National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the state implementation 

plan (SIP), submitted by the State of 

Florida through the Florida Department 

of Environmental Protection (FL DEP), 

to EPA on June 29, 2012, as amended on 

June 27, 2013, for the purpose of 

providing for attainment of the 2008 

Lead (Pb) National Ambient Air Quality 

Standards (NAAQS) in the Hillsborough 

2008 Lead nonattainment area (hereafter 

referred to as the ‘‘Hillsborough Area’’ 

or ‘‘Area’’). The Hillsborough Area is 

comprised of a portion of Hillsborough 

County in Florida surrounding 

EnviroFocus Technologies, LLC 

(hereafter referred to as ‘‘EnviroFocus’’). 

The attainment plan includes the base 

year emissions inventory, an analysis of 

reasonably available control technology 

(RACT) and reasonably available control 

measures (RACM), reasonable further 

progress (RFP) plan, modeling 

demonstration of lead attainment, and 

contingency measures for the 

Hillsborough Area. This action is being 

taken in accordance with the Clean Air 

Act (CAA or Act). 

DATES: Written comments must be 

received on or before March 9, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R04–OAR–2014–0220 by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: R4-ARMS@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: EPA–R04–OAR–2014–0220 

Air Regulatory Management Section 

(formerly the Regulatory Development 

Section), Air Planning and 

Implementation Branch (formerly the 

Air Planning Branch), Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Ms. 

Lynorae Benjamin, Chief, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2014– 

0220. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov or email, 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 


rljohnson on DSK3VPTVN1PROD with PROPOSALS
6486 Federal Register / Vol. 80, No. 24 / Thursday, February 5, 2015 / Proposed Rules 

to EPA without going through 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http://

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy at the Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Zuri 

Farngalo of the Air Regulatory 

Management Section in the Air 

Planning and Implementation Branch; 

Air, Pesticides and Toxics Management 

Division; U.S. Environmental Protection 

Agency; Region 4, 61 Forsyth Street 

SW., Atlanta, Georgia 30303–8960. Mr. 

Farngalo may be reached by phone at 

(404) 562–9152, or via electronic mail at 

farngalo.zuri@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What action is EPA proposing to take? 

II. What is the background for EPA’s 

proposed action? 

III. What is included in Florida’s attainment 

plan submittal for the Hillsborough area? 

IV. What is EPA’s analysis of Florida’s 

submittal for the Hillsborough area? 

1. Pollutants Addressed 

2. Emissions Inventory Requirements 

3. Attainment Planning Modeling 

4. RACM/RACT 

5. RFP Plan 

6. Contingency Measures 

7. Attainment Date 

V. Proposed Action 

VI. Statutory and Executive Order Reviews 

I. What action is EPA proposing to 

take? 

EPA is proposing to approve Florida’s 

SIP revisions for the Hillsborough Area, 

as submitted through FL DEP to EPA on 

June 29, 2012 (and later amended on 

June 27, 2013), for the purpose of 

demonstrating attainment of the 2008 

Lead NAAQS. Florida’s lead attainment 

plan for the Hillsborough Area includes 

a base year emissions inventory, a 

modeling demonstration of lead 

attainment, an analysis of RACM/RACT, 

a RFP plan, and contingency measures. 

EPA has preliminarily determined 

that Florida’s attainment plan for the 

2008 Lead NAAQS for the Hillsborough 

Area meets the applicable requirements 

of the CAA. Thus, EPA is proposing to 

approve Florida’s attainment plan for 

the Hillsborough Area as submitted on 

June 29, 2012, and later amended on 

June 27, 2013. EPA’s analysis for this 

proposed action is discussed in Section 

IV of this proposed rulemaking. 

II. What is the background for EPA’s 

proposed action? 

On November 12, 2008 (73 FR 66964), 

EPA revised the Lead NAAQS, lowering 

the level from 1.5 micrograms per cubic 

meter (mg/m3) to 0.15 mg/m3 calculated 

over a three-month rolling average. EPA 

established the 2008 Lead NAAQS 

based on significant evidence and 

numerous health studies demonstrating 

that serious health effects are associated 

with exposures to lead emissions. 

Following promulgation of a new or 

revised NAAQS, EPA is required by the 

CAA to designate areas throughout the 

United States as attaining or not 

attaining the NAAQS; this designation 

process is described in section 107(d)(1) 

of the CAA. On November 22, 2010 (75 

FR 71033), EPA promulgated initial air 

quality designations for the 2008 Lead 

NAAQS, which became effective on 

December 31, 2010, based on air quality 

monitoring data for calendar years 

2007—2009, where there was sufficient 

data to support a nonattainment 

designation. Designations for all 

remaining areas were completed on 

November 22, 2011 (76 FR 72097), 

which became effective on December 

31, 2011, based on air quality 

monitoring data for calendar years 

2008—2010. Effective on December 31, 

2010, the Hillsborough Area was 

designated as nonattainment for the 

2008 Lead NAAQS. This designation 

triggered a requirement for Florida to 

submit a SIP revision with a plan for 

how the Area would attain the 2008 

Lead NAAQS, as expeditiously as 

practicable, but no later than December 

31, 2015. 

FL DEP submitted its SIP submittal 

for the Hillsborough Area on June 29, 

2012 (and later amended on June 27, 

2013), which included the base year 

emissions inventory and the attainment 

demonstration. EPA’s analysis of the 

submitted attainment plan includes a 

review of the pollutant addressed, 

emissions inventory requirements, 

modeling, RACT and RACM 

requirements, RFP plan, and 

contingency measures for the 

Hillsborough Area. 

III. What is included in Florida’s 

attainment plan submittal for the 

Hillsborough area? 

In accordance with section 172(c) of 

the CAA and the SIP Toolkit, the 

Florida attainment plan for the 

Hillsborough Area includes: (1) An 

emissions inventory for the plan’s base 

year (2009); and (2) an attainment 

demonstration. The attainment 

demonstration includes: technical 

analyses that locate, identify and 

quantify sources of emissions 

contributing to violations of the 2008 

Lead NAAQS; a modeling analysis of an 

emissions control strategy for the 

EnviroFocus facility that attains the 

level of the Lead NAAQS by the 

attainment year (2015), a construction 

permit for the EnviroFocus facility that 

includes emissions reduction measures 

with schedules for implementation and 

compliance; and contingency measures 

required under section 172(c)(9) of the 

CAA. 

IV. What is EPA’s analysis of Florida’s 

submittal for the Hillsborough area? 

The CAA requirements (see, e.g., 

section 172(c)(4)) and the Lead SIP 

regulations found at 40 CFR 51.117) 

require states to employ atmospheric 

dispersion modeling for the 

demonstration of attainment of the Lead 

NAAQS for areas in the vicinity of point 

sources listed in 40 CFR 51.117(a)(1), as 

expeditiously as practicable. The 

demonstration must also meet the 

requirements of 40 CFR 51.112 and Part 

51, Appendix W, and include inventory 

data, modeling results, and emissions 

reduction analyses on which the State 

has based its projected attainment. All 

these requirements comprise the 

‘‘attainment plan’’ that is required for 


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1See EPA document titled ‘‘Addendum to the 

2008 Lead NAAQS Implementation Questions and 

Answers’’ dated August 10, 2012, included in EPA’s 

SIP Toolkit located at http://www.epa.gov/air/lead/ 

implement.html. 

2This was accomplished by applying the 

following mathematical formula: Pb emission rate 

(pounds (lbs) per hour)/2000 (lbs/ton) * 16 (hours 

per day that the vehicles operate) * 365 (days per 

year). 

3Not included in this figure are the 

unquantifiable fugitive emissions which have been 

considered to be the major contributor to monitored 

violations at the EnviroFocus facility in the past 

when the process areas were not completely 

enclosed. 

lead nonattainment areas. In the case of 

the Hillsborough Area, EPA is proposing 

to approve the attainment plan 

submitted by Florida on June 29, 2012, 

and later amended June 27, 2013. More 

detail on EPA’s analysis is provided 

below. 

1. Pollutants Addressed 

Florida’s lead attainment plan 

evaluates lead emissions in the 

Hillsborough Area within the portion of 

Hillsborough County designated 

nonattainment for the 2008 Lead 

NAAQS. There are no precursors to 

consider for the lead attainment plan. 

2. Emissions Inventory Requirements 

States are required under section 

172(c)(3) of the CAA to develop 

comprehensive, accurate and current 

inventories of actual emissions from all 

sources of the relevant pollutant or 

pollutants in the area. These inventories 

provide a detailed accounting of all 

emissions and emission sources by 

precursor or pollutant. In the November 

12, 2008, Lead Standard rulemaking, 

EPA finalized the emissions inventories 

requirements. The current regulations 

are located at 40 CFR 51.117(e), and 

include, but are not limited to, the 

following emissions inventory 

requirements: 

• The SIP inventory must be 

approved by EPA as a SIP element and 

is subject to public hearing 

requirements; and 

• The point source inventory upon 

which the summary of the baseline for 

lead emissions inventory is based must 

contain all sources that emit 0.5 or more 

tons of lead per year. 

For the base year inventory of actual 

emissions, EPA generally recommends 

using either the year 2010 or 2011 as the 

base year for the contingency measure 

calculations, but does provide flexibility 

for using other inventory years if states 

can show another year is more 

appropriate.1 For Lead SIPs, the CAA 

requires that all sources of lead 

emissions in the nonattainment area be 

submitted with the base-year inventory. 

In today’s action, EPA is proposing to 

approve the base year emissions 

inventory portion of the SIP revision 

submitted by Florida on June 29, 2012 

(and later amended on June 27, 2013), 

as required by section 172(c)(3). 

The State of Florida did not elect to 

use 2011 or 2010 as the base year, but 

chose to use the year 2009 as the base 

year. The only source of lead emissions 

within the Hillsborough Area is 

EnviroFocus. The facility recycles and 

processes lead from lead-acid batteries 

and other lead-bearing materials and 

produces point source emissions from 

several stacks in addition to fugitive 

emissions. The design value used for 

designating the area as nonattainment 

was based on monitoring data from 

2007–2009. In addition, the facility 

undertook renovations beginning in 

2010, to fully enclose the facility and 

perform other RACM/RACT measures 

summarized in Table 3 below, which 

will facilitate attainment of the 2008 

Lead NAAQS by the 2015 attainment 

date. The State of Florida elected to use 

the year 2009 as the base year, during 

which time the renovations activities 

commenced and further contributed to 

the monitoring violations that resulted 

in the Area being designated 

nonattainment for the revised Lead 

NAAQS. For the purposes of calculating 

the nonattainment area emissions 

inventory, lead emissions data were 

taken from the facility’s 2009 Annual 

Operating Report (AOR) for 

EnviroFocus’ stacks. According to this 

report, 0.5733 tons of lead emissions 

were emitted from stacks in 2009. On 

this basis, EPA is proposing to approve 

the State’s decision to elect 2009 as a 

base year as appropriate for this 

purpose. 

Also included in the nonattainment 

area emissions inventory as point source 

emissions are the fugitive lead 

emissions associated with EnviroFocus’ 

on-site truck traffic. The lead emissions 

associated with the on-site truck traffic 

were calculated with data used in the 

attainment modeling demonstration.2

The annual emissions for each road 

segment were then summed together to 

produce annual lead fugitive emissions 

associated with all on-site truck traffic. 

According to this calculation, 0.0142 

tons of fugitive lead emissions were 

associated with on-site truck traffic at 

EnviroFocus in 2009. 

The emissions generated from on-site 

truck traffic are also attributed to the 

EnviroFocus facility and are therefore 

considered to be a portion of the point 

source category. As a result, the fugitive 

lead emissions associated with the onsite truck traffic were added to the stack 

lead emissions from EnviroFocus’ 2009 

AOR. With this adjustment, the lead 

emissions emitted from EnviroFocus in 

2009 equals 0.5875 tons of lead 

emissions.3 Table 1 identifies the 2009 

base year for the emissions inventory for 

the Hillsborough Area. 

TABLE 1—2009 BASE YEAR NONATTAINMENT AREA EMISSIONS INVENTORY

[Tons per year] 

Emissions unit Unit description Lead emissions 

EU 001 * .......................................................... Blast Furnace Exhaust .................................................................................... 0.3804 

EU 004 * .......................................................... Blast Furnace Tapping & Charging ................................................................. 0.1594 

EU 011 * .......................................................... Four Refining Kettles ....................................................................................... 0.0232 

EU 015 * .......................................................... Blast Furnace Enclosure ................................................................................. 0.0103 

..................................................................... Quantifiable Fugitive Emissions ...................................................................... 0.0142 

Total ......................................................... .......................................................................................................................... 0.5875 

* All four of the units are currently inactive as they have been replaced as a result of modernization of the facility. 

As previously mentioned, other than 

EnviroFocus, there are no other sources 

of lead emissions in the Hillsborough 

Lead nonattainment area. EnviroFocus 

began a reconstruction and 

modernization project in 2010 to fully 

enclose the facility in order to achieve 

compliance with the new Lead NAAQS. 

FL DEP has verified that the 

modernization work has been 

completed. 

EPA has preliminarily determined 

that the 2009 base year emissions 


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4 40 CFR part 51 Appendix W (EPA’s Guideline 

on Air Quality Models) (November 2005) located at 

http://www.epa.gov/ttn/scram/guidance/guide/

appw_05.pdf. 

inventory estimates submitted are in 

compliance with section 172(c)(3). 

Therefore, EPA is proposing to approve 

Florida’s base year emissions inventory 

for the 2008 Lead NAAQS for the 

Hillsborough Area. 

3. Attainment Planning Modeling 

The Florida modeling analysis was 

prepared using EPA’s preferred 

dispersion modeling system, the 

American Meteorological Society/

Environmental Protection Agency 

Regulatory Model (AERMOD) consisting 

of the AERMOD (version 12060) model 

and two data input preprocessors 

AERMET (version 11059), and AERMAP 

(version 11103), consistent with EPA’s 

Modeling Guidance 4 and 40 CFR 

51.117. Other EPA processors used in 

the modeling include AIRMINUTE, 

AERSURFACE and LEADPOST (version 

12114). More detailed information on 

the AERMOD Modeling system and 

other modeling tools and documents 

can be found on the EPA Technology 

Transfer Network Support Center for 

Regulatory Atmospheric Modeling 

(SCRAM) (http://www.epa.gov/ttn/

scram/) and in Florida’s June 29, 2012 

submittal, as amended on June 27, 2013, 

in the docket for this proposed action 

(EPA–R04–OAR–2014–0220) on the 

www.regulations.gov Web site. A brief 

description of the modeling used to 

support the State of Florida’s attainment 

demonstration is provided below. 

a. Modeling Approach 

The following is an overview of the 

air quality modeling approach used to 

demonstrate compliance with the 2008 

Lead NAAQS, as submitted in Florida’s 

June 29, 2012 submittal, as amended on 

June 27, 2013. 

• Develop model inputs using the 

AERMOD modeling system and 

processors which include the: 

Æ AERMOD pre-processors, AERMET 

and AERMAP to process five years (i.e., 

2006–2010) of 1-minute meteorological 

data from the National Weather Service 

(NWS) at Ruskin and Tampa 

International Airport (the closest 

weather station to EnviroFocus), based 

on FL DEP’s land use classifications, in 

combination with upper-air 

meteorological data from the Ruskin, 

Florida, NWS upper-air sounding site; 

Æ AERMOD pre-processor, AERMAP 

to generate terrain inputs for the 

receptors, based on a digital elevation 

mapping database from the National 

Elevation Dataset developed by the U.S. 

Geological Survey; 

Æ AERMOD pre-processor, 

AERSURFACE to generate direction 

specific land use based surface 

characteristics for the modeling; 

Æ AERMINUTE processor to reduce 

the number of calm and missing winds 

in the surface data; 

Æ Development of a Cartesian 

receptor grid across and along the 

nonattainment boundary (approximately 

1.14 miles around the EnviroFocus 

facility), with 50 meter spacing in 

ambient air to ensure maximum 

concentrations are captured; and 

Æ Development of all other input 

options commensurate with the EPA’s 

Modeling Guidance; 

Æ Selection of a Lead background 

concentration based on local lead 

monitoring data from monitoring station 

No. 12–057–0100 (known as the new 

‘‘Kenly’’ monitor) for the period June 

2010 to March 2012. The data was 

obtained from the EPA Air Quality 

System. This monitor is approximately 

0.9 kilometers to the north of 

EnviroFocus. Due to its close proximity 

to the EnviroFocus facility, monitored 

concentrations at this station are 

strongly influenced by the facility’s 

emissions. As a result, the data was 

filtered to remove measurements where 

the wind direction could transport 

pollutants from EnviroFocus to the 

station. More specifically, the data was 

filtered to remove measurements where 

at least one hour in the 24-hour 

measurement period had wind direction 

in the range of 175° to 200°; 

Æ Air quality modeling demonstration 

that includes all lead-emitting sources 

for the EnviroFocus facility, as well as 

a complete lead modeling inventory of 

surrounding sources within 50 

kilometers of the Significant Impact 

Area (SIA) Data for the modeling 

inventory for surrounding sources was 

obtained from FL DEP’s Air Resource 

Management System (ARMS) database; 

and 

Æ Fugitive emissions associated with 

paved roadways (i.e., truck traffic) on 

the EnviroFocus property were modeled 

based on the methodology described in 

the Texas Natural Resource 

Conservation Commission’s guidelines, 

which was specifically developed for 

modeling roadway fugitive emissions. 

Similar to the Industrial Source 

Complex User’s Guide (EPA, 1995d), 

emissions from roadways are 

represented as a series of volume 

sources (229 individual road segments). 

Emission factors were estimated based 

upon emissions formulas presented in 

Section 13 of AP–42. Since shipping is 

conducted with 18-wheeler trucks, 

maximum vehicle width and height for 

the State of Florida were used to 

estimate the dimensions of the volume 

sources. The modeling assumes 

continuous truck traffic from 6:00 a.m. 

to 10:00 p.m., seven days a week, which 

is a conservative estimate. The 

methodology for modeling fugitive 

emissions from roadways was described 

in the SIP proposed by EnviroFocus and 

its consultant in 2009, as part of the 

facility’s original permit modeling 

demonstration. The emissions sources 

for EnviroFocus and roadway sources 

used in the modeling are included in 

the Florida SIP, as amended on June 27, 

2013. 

• Develop 2009 base year and the 

2015 control strategy emissions 

inventories for input in the air quality 

model to perform current and control 

dispersion modeling. The 

modernization has been completed. The 

maximum allowable emissions post 

modernization will be 0.96 tons per year 

(tpy) of lead emissions, which are 

slightly less than the allowable 

emissions prior to the modernization 

(i.e., 0.97 tpy) which did not account for 

the substantial fugitive emissions. As 

detailed below, the air quality analysis 

demonstrates that the modernized 

facility will comply with the revised 

Lead NAAQS because the 

unquantifiable fugitive emissions will 

be greatly reduced, primarily due to the 

negative-pressure total enclosure of all 

process areas. More specifically, 

virtually all of the current fugitive 

emissions will be contained and 

filtered, with over 99 percent control 

efficiency prior to being released 

through the building ventilation stacks. 

• Process AERMOD outputs through 

EPA’s LEADPOST post processor 

(version 12114) deriving the maximum 

3-month average rolling design value 

across the five year meteorological data 

period. 

b. Modeling Results 

The Lead NAAQS compliance results 

of the attainment modeling are 

summarized in Table 2 below. Table 2 

presents the results from the AERMOD 

modeling that were performed. The 

modeling used five years (2006–2010) of 

meteorological data from the NWS site 

in Tampa, Florida, as processed through 

AERSURFACE, to develop surface 

characteristics inputs. Modeling with 

one set of data was also used since onsite meteorological data is not available 

at the EnviroFocus facility. 

As can be seen in Table 2, the 

maximum 3-month rolling average 

across all five years of meteorological 

data (2006–2010) is less than or equal to 

the 2008 Lead NAAQS of 0.15 mg/m3 for 

one set of AERMOD modeling runs. 

Output from the LEADPOST processor 


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5 ‘‘SIP Toolkit—Attainment Demonstrations and 

Air Quality Modeling,’’ dated April 12, 2012, 

located at http://www.epa.gov/air/lead/

kitmodel.html. 

which details all of the concentrations 

can be found in the body of the June 29, 

2012 submittal, as amended on June 27, 

2013. 

TABLE 2—SUMMARY OF MODELING RESULTS

Pollutant Averaging time 

Maximum predicted impact 

(μg/m3) 

Background 

concentration 

(μg/m3) 

Total impact 

(μg/m3) 

NAAQS 

(μg/m3) 

Impact greater 

than NAAQS 

Pb .......................... 3-month rolling .... 0.115 0.016 * 0.13 0.15 μg/m3 .......... No. 

* This is the maximum 3 month rolling average. 

The post-control, which includes the 

RACM and RACT analysis, resulted in 

a predicted impact of 0.115 mg/m3 (NWS 

MET data) and 0.016 mg/m3 background 

data. This data indicates significant 

reductions in air quality impacts with 

the future implementation of the postconstruction control plan for the 

EnviroFocus facility. This data also 

supports that the controls represent 

RACM and RACT for the SIP, with the 

control strategy for the facility as 

reflected in the facility’s construction 

permit, which includes negative 

pressure total enclosure of the process 

area and compliance with the 

Secondary Lead MACT (40 CFR part 63, 

subpart X). More details on the preconstruction and post-construction 

operations at the facility are included in 

the Florida SIP. Therefore, on this basis, 

FL DEP asserted that the proposed 

controls are RACM/RACT and should be 

sufficient to attain 2008 Lead NAAQS. 

EPA has reviewed the modeling that 

Florida submitted to support the 

attainment demonstration for the 

Hillsborough Area and has preliminarily 

determined that this modeling is 

consistent with CAA requirements, 

Appendix W and EPA guidance for lead 

attainment demonstration modeling. 

4. RACM/RACT 

a. Requirements for RACM/RACT 

CAA section 172(c)(1) requires that 

each attainment plan provides for the 

implementation of all reasonably 

available control measures, as 

expeditiously as practicable and 

attainment of the NAAQS. EPA 

interprets RACM, including RACT, 

under section 172, as measures that a 

state determines to be both reasonably 

available and contribute to attainment 

as expeditiously as practicable in the 

nonattainment area. A comprehensive 

discussion of the RACM/RACT 

requirement for lead attainment plans 

and EPA’s guidance can be found in the 

SIP Toolkit.5

b. Florida’s Evaluation of RACM/RACT 

Control Measures for the Hillsborough 

Area 

On June 29, 2012, and later amended 

on June 27, 2013, FL DEP submitted a 

SIP revision that included a 

construction permit that was issued to 

EnviroFocus for proposed control 

measures to reduce lead emissions. 

Specifically, the construction permit 

reflecting RACT controls is included in 

Section 1–3 of the June 29, 2012 

submittal, as amended, on June 27, 

2013. In accordance with the schedule 

in the construction permit, the 

EnviroFocus facility was required to 

implement the controls on or before 

December 31, 2015. As discussed in the 

modeling section above, it is projected 

that the total enclosure of the building 

will capture about 99 percent of the 

fugitive lead emissions, and provide 

sufficient emissions reductions for the 

Hillsborough Area to attain the 2008 

Lead NAAQS. FL DEP represented to 

EPA that EnviroFocus has completed 

implementation of the RACM controls 

identified in the permit and 

summarized in Table 3 below: 

TABLE 3—SUMMARY OF RACM CONTROLS

Description of measure Explanation 

Total Enclosure of Facility .............. EnviroFocus Technologies, LLC totally enclosed the facility with negative pressure. Ventilated air will be 

exhausted from the facility by two large 195,000 and 160,000 actual cubic feet per minute Torit cartridge 

collector filters. The Torit filters will have high efficiency particulate air filters downstream of them. The 

filter gases will be emitted from two stacks with heights of 130 and 190 feet (capable of achieving over 

99 percent control efficiency). 

Baghouses ...................................... EnviroFocus Technologies, LLC will use baghouses that are capable of achieving over 99 percent efficiency for exhaust control of all the smelting and refining operations. 

Local Exhaust Vents (LEVs) ........... EnviroFocus Technologies, LLC will capture fugitive emissions from the process using enclosure hoods. 

Wet suppression ............................. EnviroFocus Technologies, LLC will use the sprinkler system, vacuum sweeping, and wheel washing of vehicles prior to exiting the building to control fugitive emissions on the facility ground and roadways. 

c. Proposed Action on RACM/RACT 

Demonstration and Control Strategy 

EPA is proposing to approve Florida’s 

determination that the proposed 

controls for lead emissions at 

EnviroFocus constitute RACM/RACT for 

that source in the Hillsborough Area 

based on the summary above. Further, 

as summarized above, EPA proposes 

that no further controls will be required 

at the EnviroFocus facility and that the 

proposed controls are sufficient for 

RACM/RACT purposes for the 

Hillsborough Area, at this time. 

Since the Hillsborough Area is 

projected to have attaining levels of the 

2008 Lead NAAQS by the 2015 

attainment date, and at this time, no 

additional measures could be adopted to 

achieve attainment one year sooner, 

EPA proposes to approve Florida’s June 

29, 2012 submittal, amended on June 

27, 2013, as meeting the RACM/RACT 

requirements of the SIP Toolkit and that 


rljohnson on DSK3VPTVN1PROD with PROPOSALS
6490 Federal Register / Vol. 80, No. 24 / Thursday, February 5, 2015 / Proposed Rules 

6 In a letter dated December 23, 2014, FL DEP 

supplemented the ‘‘Contingency Measures’’ 

provisions of its Pb nonattainment Area Plan to 

reflect additional procedures and controls at the 

EnviroFocus facility that would be implemented 

immediately upon the trigger of various events 

related to future monitored exceedances or 

violations of the Pb NAAQS. The letter with the 

complete list of contingency measures is available 

at www.regulations.gov using Docket ID No. EPA– 

R04–OAR–2014–0220. 

the level of control in the State’s 

submission constitutes RACM/RACT for 

purposes of the 2008 Lead NAAQS. By 

approving these control measures as 

RACM/RACT for the EnviroFocus 

facility for purposes of Florida’s 

attainment planning, these control 

measures will become permanent and 

enforceable SIP measures to meet the 

requirements of the CAA and the 2008 

Lead NAAQS. 

5. RFP Plan 

Section 172(c)(2) of the CAA requires 

that an attainment plan includes a 

demonstration that shows reasonable 

further progress for meeting air quality 

standards will be achieved through 

generally linear incremental 

improvement in air quality. The term 

‘‘reasonable further progress’’ is defined 

in section 171 to mean ‘‘such annual 

incremental reductions in the emissions 

of the relevant air pollutant as are 

required’’ for purposes of ensuring 

attainment of the applicable national 

ambient air quality standard by the 

applicable date. In accordance with 

section 172, the RFP requires 

implementation of all RACM/RACT as 

‘‘expeditiously as practicable.’’ 

Historically, for some pollutants, RFP 

has been met by showing annual 

incremental emission reductions 

generally sufficient to maintain linear 

progress toward attainment by the 

applicable attainment date. As stated in 

the final Lead Rule (73 FR 67039), EPA 

concluded that it was appropriate that 

RFP requirements be satisfied by the 

strict adherence to an ambitious 

compliance schedule, which is expected 

to periodically yield significant 

emission reductions. For lead 

nonattainment areas, RFP is to be 

achieved by implementing an emission 

reduction compliance schedule outlined 

in the SIP. The RACM control measures 

for attainment of the 2008 Lead NAAQS 

included in the State’s submittal have 

been modeled to achieve attainment of 

the NAAQS. The data summarized in 

Table 2, and analyzed above, 

demonstrates that the RACM controls in 

Table 3 will be implemented pursuant 

to an ambitious compliance schedule 

and will provide for significant 

emissions reductions for the 

Hillsborough Area. Based on the 

modeled attainment of the NAAQS, and 

the ambitious compliance schedule for 

the implementation of the control 

measures which will yield a significant 

reduction in lead emissions from the 

EnviroFocus facility, EPA has 

preliminarily determined that FL DEP’s 

lead attainment plan for the 2008 Lead 

NAAQS meets the RFP requirements for 

the Hillsborough Area. EPA, therefore, 

proposes to approve the State’s 

attainment plan with respect to the RFP 

requirements. 

6. Contingency Measures 

In accordance with section 172(c)(9) 

of the CAA, contingency measures are 

required as additional measures to be 

implemented in the event that an area 

fails to meet the RFP requirements or 

fails to attain a standard by its 

attainment date. These measures must 

be fully adopted rules or control 

measures that can be implemented 

quickly and without additional EPA or 

state action if the area fails to meet RFP 

requirements or fails to meet its 

attainment date and should contain 

trigger mechanisms and an 

implementation schedule. In addition, 

these measures should be ones that are 

not already included in the SIP control 

strategy for attaining the standard. 

Based on all the improvements that 

were implemented for EnviroFocus 

above-referenced in Table 3 (Summary 

of RACM Controls) which are expected 

to reduce emissions of lead 

significantly, EPA has preliminarily 

determined that the 2008 Lead NAAQS 

can be achieved on a consistent basis. 

Since the RACM controls are expected 

to result in attainment of the Pb NAAQS 

or maintenance of RFP, any possible 

exceedances of the Pb NAAQS during 

any three month period after December 

31, 2015 (the attainment date), is likely 

to be a result of a malfunction of one of 

the control measures. The contingency 

measures 6 as discussed below will 

immediately take effect to offset an 

increase in air quality concentrations 

that are expected to result from 

emission increases due to the likelihood 

of control malfunction. For example, in 

the event of any exceedances, upon 

notification by FL DEP, EnviroFocus 

would be required to conduct a twelve 

minute EPA Method 9 visible emissions 

reading on each Pb source outlet by a 

certified reader every day, as well as 

perform dye check on every filtration 

system that controls a lead source. 

These control measures will help to 

determine and detect the source of 

fugitive emissions not otherwise 

captured by RACM so that the 

exceedances can be addressed 

immediately. Other contingency 

measures such as increasing the 

sprinkler frequency to 5 minutes every 

30 minutes during daylight hours and 5 

minutes every 60 minutes during 

nighttime hours twenty-four hours a day 

everyday will serve to reduce fugitive 

dust emissions. If necessary, even more 

protective control measures will be 

required including EnviroFocus 

discontinuing operation of any emission 

unit connected to a filtration device that 

fails the dye leak check until such time 

as repairs are made and the unit passes 

a second leak check. Further, if any 

three consecutive month period 

averages greater than 0.15 mg/m3 at any 

one of the SIP-approved Pb monitors in 

the vicinity of EnviroFocus, FL DEP 

may require the immediate restriction of 

the daily production of lead from the 

blast and reverb furnaces. Since 

EnviroFocus is the only known major 

source of lead in the Hillsborough Area, 

reducing production at that facility will 

directly correlate to the reduction of Pb 

emissions. Each of the contingency 

measures will continue for a minimum 

of 90 days and remain in place until 

such time as FL DEP has determined 

that they are no longer needed. 

In addition to the identified 

contingency measures, pursuant to 

EnviroFocus’ title V permit, if an 

exceedance of the NAAQS occurs 

during any three month period after 

December 31, 2015 (the deadline for full 

implementation of the control strategy), 

within 120 days, the facility will submit 

an investigative study identifying the 

source(s) of excessive emissions 

contributing to the exceedance. 

EnviroFocus will also develop and 

prepare a strategy to eliminate the 

likelihood of another exceedance. The 

120 day review period will consists of 

a 30 day evaluation period immediately 

following a violation and then up to a 

90 day consultation period with the 

facility to determine the best course of 

action. If a permit modification is 

deemed necessary, FL DEP would issue 

a new permit with the statutory 

timeframes required in Chapters 62–4 

and 62–213 of the Florida 

Administrative Code (FAC). Since the 

EnviroFocus facility has implemented 

appropriate RACM control measures, 

and several protective layers of 

contingency measures will be triggered 

and executed immediately in the event 

of an exceedance of the NAAQS, EPA 

proposes that the contingency measures 

strategy submitted by the State of 

Florida meet the section 172(c)(9) 

requirements for the 2008 Lead NAAQS. 

7. Attainment Date 

Florida provided a modeling 

demonstration to attain the level of the 


rljohnson on DSK3VPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 24 / Thursday, February 5, 2015 / Proposed Rules 6491 

2008 Lead NAAQS for the Hillsborough 

Area by no later than five years after the 

Area was designated nonattainment. 

The modeling indicates that the 

Hillsborough Area will have attaining 

data for the 2008 Lead NAAQS by 

December 31, 2015. While there were 

violations of the 2008 lead NAAQS in 

2013, they occurred during the limited 

time frame in which the facility was 

undergoing construction to modernize 

the facility which included building an 

enclosure that is expected to reduce 

emissions of lead significantly. 

Notwithstanding the violations, EPA 

believes that these violations, which 

occurred as part of enclosure and 

modernization of the facility in order to 

achieve a significant permanent 

reduction in lead emissions, do not 

render Florida’s attainment 

demonstration unapprovable. There 

have been no violations of the 2008 

Lead NAAQS since the last quarter of 

2013 which directly corresponds with 

the installation of the final set of 

controls for the modernization. EPA 

does not believe that the facility could 

have achieved the 2008 Lead NAAQS 

more expeditiously than the current 

schedule. Therefore, EPA is proposing 

to approve the State’s submission 

related to achievement of the 2008 Lead 

NAAQS as expeditiously as practicable. 

V. Proposed Action 

EPA is proposing to approve Florida’s 

lead attainment plan for the 

Hillsborough Area. EPA has 

preliminarily determined that the SIP 

meets the applicable requirements of the 

CAA. Specifically, EPA is proposing to 

approve Florida’s June 29, 2012 

submittal, as amended on June 27, 2013, 

which includes the attainment 

demonstration, base year emissions 

inventory, RACM/RACT analysis, 

contingency measures and RFP plan. 

The requirement for a RFP plan is 

satisfied because the State of Florida 

demonstrated that the Area will attain 

the 2008 Lead NAAQS as expeditiously 

as practicable, and could not implement 

any additional measures to attain the 

NAAQS any sooner. 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submittal that 

complies with the provisions of the Act 

and applicable Federal regulations. 42 

U.S.C. 7410(k); 40 CFR 52.02(a). Thus, 

in reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this proposed 

action merely approves state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, October 7, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Lead, Reporting and Recordkeeping 

requirements. 

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

Dated: January 26, 2015. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

[FR Doc. 2015–02335 Filed 2–4–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2014–0792; FRL–9922–51– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Permits for Construction and 

Major Modification of Major Stationary 

Sources Which Cause or Contribute to 

Nonattainment Areas 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to grant 

approval to four State Implementation 

Plan (SIP) revisions submitted by the 

West Virginia Department of 

Environmental Protection for the State 

of West Virginia on June 29, 2010, July 

8, 2011, July 6, 2012, and July 1, 2014 

with the exception of certain revisions 

related to ethanol production facilities 

on which EPA is taking no action at this 

time. These revisions proposed for 

approval pertain to West Virginia’s 

nonattainment New Source Review 

(NSR) program, notably provisions for 

preconstruction permitting 

requirements for major sources of fine 

particulate matter (PM2.5) and NSR 

reform. This action is being taken under 

the Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before March 9, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2014–0792 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: kreider.andrew@epa.gov. 

C. Mail: EPA–R03–OAR–2014–0792, 

Andrew Kreider, Acting Associate 

Director, Office of Permits and Air 

Toxics, Mailcode 3AP10, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 


rljohnson on DSK3VPTVN1PROD with PROPOSALS