Federal Register / Vol. 86, No. 106 / Friday, June 4, 2021 / Rules and Regulations 29949 

1The Hillsborough Area is comprised of a portion 

of Hillsborough County in Florida bounded by a 1.5 

km radius centered at Universal Transverse 

Mercator coordinates 364104 meters East, 30093830 

meters North, Zone 17, which surrounds 

Envirofocus. 

Specifically, at two locations the 

preamble text states that the provision 

applies if the occurrence of a qualifying 

transaction is ‘‘demonstrated to EPA’s 

satisfaction’’ and further states that the 

relevant former owners and operators 

are identified by reference to such 

demonstrations. See 86 FR at 23139, 

23142. In fact, as adopted in the final 

regulatory text, the provision applies 

whenever a qualifying transaction has 

occurred, with no need for any specific 

demonstration. Further, the relevant 

former owners and operators are 

identified by reference to such 

transactions rather than by reference to 

any demonstrations. In order to avoid 

any confusion that might be caused by 

the incorrect references in the preamble 

to demonstrations, in this document 

EPA is revising the preamble text to 

remove the incorrect references. 

No change is being made to the 

regulatory requirements adopted in the 

final rule as already reflected in the 

regulatory text. This correction applies 

only to the preamble text, and the 

purpose of the correction is to make the 

preamble consistent with the existing 

regulatory language. This change is not 

to the rule itself and thus does not 

require the opportunity for notice and 

comment. Even if this change were 

considered to be a rule, notice and 

comment would be unnecessary because 

this is a minor technical correction that 

does not substantively alter the 

regulation. See 5 U.S.C. 553(b)(B). This 

correction will become effective along 

with the rule on June 29, 2021. 

Correction of Publication 

■ In rule document 2021–05705 at 86 

FR 23054 in the Federal Register issue 

of Friday, April 30, 2021, the following 

corrections are made: 

1. On page 23139, in the third 

column, in lines 3–4, remove ‘‘it is 

demonstrated to EPA’s satisfaction 

that’’, and in lines 19–20, remove ‘‘for 

which such a demonstration is not 

made’’ and add in its place ‘‘before any 

such transactions occurred’’; and 

2. On page 23142, in the first column, 

in lines 58–59, remove ‘‘it is 

demonstrated to EPA’s satisfaction 

that’’, and in the second column, in 

lines 5–6, remove ‘‘for which such a 

demonstration is not made’’ and add in 

its place ‘‘before any such transactions 

occurred’’. 

Dated: May 27, 2021. 

Joseph Goffman, 

Acting Assistant Administrator, Office of Air 

and Radiation. 

[FR Doc. 2021–11740 Filed 6–3–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2020–0185; FRL–10024– 

49–Region 4] 

Air Plan Approval; Florida; 

Maintenance Plan Update for the 

Hillsborough County Lead Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing approval of 

a State Implementation Plan (SIP) 

revision submitted by the State of 

Florida, through the Florida Department 

of Environmental Protection (FDEP), on 

January 23, 2020. The SIP revision 

updates the attainment emissions 

inventory and the maintenance 

demonstration, including the projected 

future emissions inventories, in the 

maintenance plan for the Hillsborough 

County lead maintenance area 

(hereinafter referred to as the 

‘‘Hillsborough Area’’ or ‘‘Area’’) for the 

2008 lead national ambient air quality 

standards (NAAQS). The SIP revision 

also incorporates recent changes to the 

air construction permit for the 

EnviroFocus Technologies, LLC 

(EnviroFocus) facility in the Area that 

are related to an increase in the refined 

lead production limit. EPA believes that 

this SIP revision meets all relevant 

Clean Air Act (CAA or Act) statutory 

and regulatory requirements, is 

consistent with EPA’s guidance, and is 

in accordance with EPA’s September 11, 

2018, redesignation of the Hillsborough 

Area from nonattainment to 

maintenance. 

DATES: This rule is effective July 6, 

2021. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–RO4–OAR– 

2020–0185. All documents in the docket 

are listed on the www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information 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 through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air and Radiation Division, 

U.S. Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW, Atlanta, 

Georgia 30303–8960. 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: 

Andres Febres, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air and 

Radiation Division, Region 4, U.S. 

Environmental Protection Agency, 61 

Forsyth Street SW, Atlanta, Georgia 

30303–8960. The telephone number is 

(404) 562–8966. Mr. Febres can also be 

reached via electronic mail at febresmartinez.andres@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On November 12, 2008 (73 FR 66964), 

EPA promulgated a revised primary and 

secondary lead NAAQS of 0.15 

micrograms per cubic meter (mg/m3). 

Under EPA’s regulations at 40 CFR part 

50, the 2008 lead NAAQS are met when 

the maximum arithmetic 3-month mean 

concentration for a 3-year period, as 

determined in accordance with 

Appendix R of 40 CFR part 50, is less 

than or equal to 0.15 mg/m3. See 40 CFR 

50.16. Ambient air quality monitoring 

data for the 3-year period must meet a 

data completeness requirement. 

EPA designated the Hillsborough 

Area 1 as a nonattainment area for the 

2008 lead NAAQS on November 22, 

2010 (75 FR 71033), effective December 

31, 2010, using 2007–2009 ambient air 

quality data. This established an 

attainment date of five years after the 

December 31, 2010, effective date for the 

2008 lead nonattainment designations 

pursuant to CAA section 172(a)(2)(A). 

Therefore, the Hillsborough Area’s 

attainment date was December 31, 2015. 

On April 16, 2015 (80 FR 20441), EPA 

published a final rule that approved a 

SIP revision, comprised of an 

attainment plan, based on Florida’s 

attainment demonstration for the 

Hillsborough Area that included the 

base year emissions inventory 

requirements, a modeling demonstration 

of attainment for the 2008 lead NAAQS, 

reasonably available control measure 

requirements that included reasonably 

available control technology, a 

29950 Federal Register / Vol. 86, No. 106 / Friday, June 4, 2021 / Rules and Regulations 

2Florida’s SIP revision did not seek changes to 

any other portions of the maintenance plan. 

Therefore, those portions of the plan remain in the 

SIP as approved by EPA in its September 11, 2018, 

action (83 FR 45836). 

3This provision states: ‘‘Lead Production: The 

maximum refined lead production from the EFT 

facility shall not exceed 200,000 tons in any 

consecutive twelve-month period. [Application No. 

0570057–037–AC and Rule 62–210.200 (PTE), 

F.A.C.]’’ 

4This provision states: ‘‘Furnace Capacities: Any 

equipment or any other changes authorized as part 

of this permit, shall not result in any capacity 

increase of the reverb or blast furnaces. The reverb 

furnace shall still be limited to a maximum charge 

rate of 960 tons per day (TPD) with a maximum 

capacity of 338,400 tons in any twelve-month 

consecutive period. The blast furnace shall still 

have a maximum charge rate of 180 TPD with a 

maximum capacity of 65,700 tons in any twelvemonth consecutive period. [Application No. 

050057–037–AC; Rules 62–4.070(3) and 62– 

210.200(PTE), F.A.C.]’’ 

5This provision states: ‘‘Lead Production: The 

maximum refined lead produced from the EFT 

facility shall not exceed 200,000 tons in any 

consecutive twelve-month period. [Application No. 

0570057–037 and Rule 62–210.200(PTE), F.A.C.]’’ 

6This provision states: ‘‘Production: The 

maximum refined lead produced from the enclosed 

facility shall not exceed 200,000 tons any 

consecutive twelve-month period. [Application No. 

0570057–037–AC and Rule 62.210.200(PTE), 

F.A.C.]’’ 

7See 62 FR 27968 (May 22, 1997). 

reasonable further progress plan, and 

CAA section 172(c)(9) contingency 

measures for the Hillsborough Area. 

Subsequently, on September 11, 2018 

(83 FR 45836), EPA published a final 

rule that approved Florida’s March 26, 

2018, redesignation request and 

associated SIP revision for the 

Hillsborough Area. Specifically, EPA 

took three separate but related final 

actions regarding the Hillsborough Area: 

(1) Determined that the Hillsborough 

Area attained the 2008 lead NAAQS 

based on complete, quality-assured, and 

certified ambient monitoring data for 

the 2014–2016 period, and that the 

Hillsborough Area continued to attain 

the standard based on complete, qualityassured, and certified ambient 

monitoring data for the 2015–2017 

period; (2) approved the maintenance 

plan for the Hillsborough Area and 

incorporated it into the Florida SIP; and 

(3) approved Florida’s request for 

redesignation of the Hillsborough Area 

from nonattainment to attainment for 

the 2008 lead NAAQS. 

Finally, on January 23, 2020, Florida 

submitted a SIP revision that seeks to 

update the attainment emissions 

inventory and the maintenance 

demonstration, including the projected 

future emissions inventories, in the 

maintenance plan for the Area.2 The SIP 

revision also seeks to incorporate recent 

changes to the air construction permit 

for the EnviroFocus facility that are 

related to an increase in the refined lead 

production limit. A detailed description 

of the changes, as well as EPA’s 

rationale for approving the January 23, 

2020, SIP revision, can be found in the 

Notice of Propose Rulemaking (NPRM), 

which published on March 25, 2021. 

See 86 FR 15840). Comments on the 

March 25, 2021, NPRM were due on or 

before April 26, 2021. No comments 

were received. 

II. Incorporation by Reference 

In this document, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with the requirements of 1 

CFR 51.5, EPA is finalizing the 

incorporation by reference into Florida’s 

SIP, Air Construction Permit No. 

0570057–27–AC, issued by FDEP to 

EnviroFocus with an effective date of 

December 14, 2012, except for the 

following: (1) Conditions not 

specifically related to lead emissions; 

(2) Section 3, Subsection B, Specific 

Condition 3; (3) Section 3, Subsection B, 

Specific Condition 10; (4) Section 3, 

Subsection C, Specific Condition 5; and 

(5) Section 3, Subsection G, Specific 

Condition 5. EPA is also incorporating 

by reference into Florida’s SIP the 

following conditions from Air 

Construction Permit No. 0570057–37– 

AC, issued by FDEP to EnviroFocus 

with an effective date of November 6, 

2019: (1) Section 3, Subsection B, 

Specific Condition 2; 3 (2) Section 3, 

Subsection B, Specific Condition 3a; 4

(3) Section 3, Subsection C, Specific 

Condition 1; 5 and (4) Section 3, 

Subsection D, Specific Condition 1.6

EPA has made, and will continue to 

make, these materials generally 

available through www.regulations.gov 

and at the EPA Region 4 Office (please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section of 

this preamble for more information). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

State implementation plan, have been 

incorporated by reference by EPA into 

that plan, are fully federally enforceable 

under sections 110 and 113 of the CAA 

as of the effective date of the final 

rulemaking of EPA’s approval, and will 

be incorporated by reference in the next 

update to the SIP compilation.7

III. Final Action 

EPA is approving changes regarding 

the Hillsborough Area as presented in 

Florida’s January 23, 2020, SIP revision. 

The changes include corrections to the 

attainment emissions inventory and the 

maintenance demonstration, including 

the projected future emissions 

inventories, in the maintenance plan for 

the Area. The SIP revision also includes 

recent changes to the construction 

permit for the EnviroFocus facility that 

authorize an increase in the refined lead 

production limit at the facility. EPA 

finds that the changes to the SIP will not 

interfere with any applicable 

requirement concerning attainment, 

RFP, or any other applicable 

requirement of the CAA. EPA therefore 

is incorporating the changes to the 

maintenance plan and the facility’s 

permit into the Florida SIP. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

See 42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. This action merely approves 

state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

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

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

Federal Register / Vol. 86, No. 106 / Friday, June 4, 2021 / Rules and Regulations 29951 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

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. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by August 3, 2021. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. See section 

307(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation byreference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: May 26, 2021. 

John Blevins, 

Acting Regional Administrator, Region 4. 

For the reasons stated in the 

preamble, the EPA amends 40 CFR part 

52 as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart K—Florida 

■ 2. Section 52.520 is amended in 

paragraph (d) by adding two entries at 

the end of the table for ‘‘EnviroFocus 

Technologies, LLC’’ and in paragraph (e) 

by adding an entry at the end of the 

table for ‘‘2008 Lead NAAQS 

Maintenance Plan for the Hillsborough 

Area’’ to read as follows: 

§ 52.520 Identification of plan. 

* * * * * 

(d) * * * 

EPA-APPROVED FLORIDA SOURCE-SPECIFIC REQUIREMENTS

Name of source Permit No. State effective 

date EPA approval date Explanation 

*******

EnviroFocus Technologies, LLC.Air Construction Permit 

No. 0570057–27–AC.

12/14/2012 6/4/2021 [Insert citation 

of publication].

Except for conditions not specifically related to 

lead emissions; Section 3, Subsection B, 

Specific Conditions 3 and 10; Section 3, Subsection C, Specific Condition 5; and Section 

3, Subsection G, Specific Condition 5. 

EnviroFocus Technologies, LLC.Air Construction Permit 

No. 0570057–37–AC.

11/6/2019 6/14/2021 [Insert citation of publication].Only incorporating the following conditions: 

Section 3, Subsection B, Specific Conditions 

2 and 3a; Section 3, Subsection C, Specific 

Condition 1; and Section 3, Subsection D, 

Specific Condition 1. 

(e) * * * 

EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS

Provision State effective 

date EPA approval date Federal Register notice Explanation 

*******

2008 Lead NAAQS 

Maintenance Plan for 

the Hillsborough Area.

1/23/2020 6/4/2021 ....................... [Insert citation of publication].Updates to the attainment emissions inventory 

and the maintenance demonstration, including the projected future emissions inventories, in the March 26, 2018 maintenance 

plan. 

[FR Doc. 2021–11541 Filed 6–3–21; 8:45 am] 

BILLING CODE 6560–50–P