83_FR_28520 83 FR 28402 - Air Plan Approval and Air Quality Designation; Florida: Redesignation of the Hillsborough County Lead Area to Attainment

83 FR 28402 - Air Plan Approval and Air Quality Designation; Florida: Redesignation of the Hillsborough County Lead Area to Attainment

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 118 (June 19, 2018)

Page Range28402-28408
FR Document2018-13148

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.

Federal Register, Volume 83 Issue 118 (Tuesday, June 19, 2018)
[Federal Register Volume 83, Number 118 (Tuesday, June 19, 2018)]
[Proposed Rules]
[Pages 28402-28408]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13148]



[[Page 28402]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52 and 81

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


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

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

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2018-0182 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Andres Febres, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 
30303-8960. Mr. Febres can be reached by phone at (404) 562-8966 or via 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. What actions is EPA proposing?

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

II. Background

    On November 12, 2008 (73 FR 66964), EPA promulgated a revised 
primary and secondary lead NAAQS of 0.15 micrograms per cubic meter 
([micro]g/m\3\). Under EPA's regulations at 40 CFR part 50, the 2008 
lead NAAQS are met when the maximum arithmetic 3-month mean 
concentration for a 3-year period, as determined in accordance with 
Appendix R of 40 CFR part 50, is less than or equal to 0.15 [micro]g/
m\3\. See 40 CFR 50.16. Ambient air quality monitoring data for the 3-
year period must meet a data completeness requirement.
    EPA designated the Hillsborough Area as a nonattainment area for 
the 2008 lead NAAQS on November 22, 2010 (75 FR 71033), effective 
December 31, 2010, using 2007-2009 ambient air quality data. This 
established an attainment date of five years after the December 31, 
2010, effective date for the 2008 lead nonattainment designations 
pursuant to CAA section 172(a)(2)(A). Therefore, the Hillsborough 
Area's attainment date was December 31, 2015.
    EPA's 2008 lead nonattainment designation for the Area triggered an 
obligation for Florida to develop a nonattainment SIP revision 
addressing certain CAA requirements under title I, part D, subpart 1 
(hereinafter ``Subpart 1'') and to submit that SIP revision in 
accordance with the deadlines in title I, part D, subpart 5 
(hereinafter ``Subpart 5''). Subpart 1 contains the general 
requirements for nonattainment areas for criteria pollutants, including 
requirements to develop a SIP that provides for the implementation of 
reasonably available control measures (RACM), requires reasonable 
further progress (RFP), includes base-year and attainment-year 
emissions inventories, and provides for the implementation of 
contingency measures.
    On April 16, 2015 (80 FR 20441), EPA published a final rule that 
approved a SIP revision, comprised of an attainment plan, based on 
Florida's attainment demonstration for the Hillsborough Area that 
included the base year emissions inventory requirements, a modeling 
demonstration of attainment for the 2008 lead NAAQS, RACM requirements 
that include reasonably available control technology (RACT), an RFP 
plan, and contingency measures for the Hillsborough Area.

III. Criteria for Redesignation

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

[[Page 28403]]

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

IV. Why is EPA proposing these actions?

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

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

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

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

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[[Page 28404]]

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

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

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

[[Page 28405]]

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

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

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

[[Page 28406]]

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

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

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

[[Page 28407]]

enforce any subsequent emissions control contingency measures 
determined to be necessary to correct future lead attainment problems.
    Currently, all measures necessary to attain and maintain the 2008 
lead NAAQS are included in the SIP-approved Hillsborough Area 
attainment plan and have been implemented by EnviroFocus. According to 
the State, EnviroFocus will continue to make improvements to the 
facility to further reduce lead emissions that were not required by the 
Area's attainment plan. Florida will continue to verify attainment of 
the 2008 lead NAAQS in the Area through its established monitoring 
network plan, as discussed above. Additionally, EnviroFocus is required 
to submit emissions data to the State through its annual operating 
reports, which will be used to verify the facility's compliance with 
permitted emission limits, and assess emission trends in the Area.
f. Contingency Measures in the Maintenance Plan
    Section 175A of the CAA requires that a maintenance plan include 
such contingency measures as EPA deems necessary to assure that the 
state will promptly correct a violation of the NAAQS that occurs after 
redesignation. The maintenance plan should identify the contingency 
measures to be adopted, a schedule and procedure for adoption and 
implementation, and a time limit for action by the state. A state 
should also identify specific indicators to be used to determine when 
the contingency measures need to be implemented. The maintenance plan 
must include a requirement that a state will implement all measures 
with respect to control of the pollutant that were contained in the SIP 
before redesignation of the area to attainment in accordance with 
section 175A(d).
    In the March 26, 2018, SIP revision, Florida commits to maintaining 
the existing control measures at EnviroFocus after redesignation. As 
discussed above, EnviroFocus is the primary contributor to lead in the 
nonattainment area, the Facility is subject to the secondary lead 
NESHAP, and EPA has incorporated the lead control measures for the 
Facility into the SIP as RACM/RACT. See 80 FR 20441 (April 16, 2015).
    The contingency plan included in the maintenance plan contains 
several triggers to determine when contingency measures are needed and 
what kind of measures should be used. In the event that any one-month 
period averages greater than 0.15 [mu]g/m\3\ at any monitor in the 
Area, EnviroFocus, once notified by the Department or Environmental 
Protection Commission of Hillsborough County (EPC), must immediately 
initiate an enhanced Operation & Maintenance (O&M) Plan for lead 
control. This enhanced O&M Plan must include the following:
     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 [mu]g/m\3\ at any monitor in the Area, EnviroFocus, 
once notified by the Department or EPC, must continue with the measures 
detailed in the O&M Plan listed above and:
     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 
[mu]g/m\3\ at any monitor in the Area, EnviroFocus must continue with 
the measures listed above. The Department may then require additional 
production restrictions and/or contingency measures as it deems 
necessary to reduce ambient lead concentrations in the Area. The 
Department will transmit written descriptions of any such contingency 
measures by certified letter. These measures will be effective 
immediately upon receipt and will remain in effect until such time as 
the Department has determined that they are no longer needed. 
Applicable emissions abatement measures may be revisited each and every 
consecutive month during which a lead monitor in the Area averages 
above the NAAQS.
    If a violation is recorded in any of the monitors in the Area, 
Florida will immediately begin a 30-day evaluation period to diagnose 
the cause of the violation. Following this evaluation, a 90-day 
consultation period will begin between the State and EnviroFocus to 
determine the best course of action. If a permit modification is 
necessary, the State would issue a final permit in accordance to 
Sections 120 and 403 of the Florida Statutes. For additional details on 
the contingency plan, refer to section 5 of the maintenance plan.
    EPA has preliminarily concluded that the maintenance plan 
adequately addresses the five basic components of a maintenance plan: 
The attainment emissions inventory; maintenance demonstration; 
monitoring; verification of continued attainment; and a contingency 
plan. Therefore, EPA proposes to determine that the maintenance plan 
for the Area meets the requirements of section 175A of the CAA and 
proposes to incorporate the maintenance plan into the Florida SIP.

VI. Proposed Actions

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

[[Page 28408]]

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

VII. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of a maintenance plan under section 107(d)(3)(E) 
are actions that affect the status of a geographical area and do not 
impose any additional regulatory requirements on sources beyond those 
imposed by state law. A redesignation to attainment does not in and of 
itself create any new requirements, but rather results in the 
applicability of requirements contained in the CAA for areas that have 
been redesignated to attainment. Moreover, the Administrator is 
required to approve a SIP submission that complies with the provisions 
of the Act and applicable Federal regulations. See 42 U.S.C. 7410(k); 
40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to 
approve state choices, provided that they meet the criteria of the CAA. 
Accordingly, these proposed actions merely propose to approve state law 
as meeting Federal requirements and do not impose additional 
requirements beyond those imposed by state law. For this reason, these 
proposed actions:
     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



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

                                                 ENVIRONMENTAL PROTECTION                                other file sharing system). For                        II. Background
                                                 AGENCY                                                  additional submission methods, the full                   On November 12, 2008 (73 FR 66964),
                                                                                                         EPA public comment policy,                             EPA promulgated a revised primary and
                                                 40 CFR Part 52 and 81                                   information about CBI or multimedia                    secondary lead NAAQS of 0.15
                                                 [EPA–R04–OAR–2018–0182; FRL–9979–                       submissions, and general guidance on                   micrograms per cubic meter (mg/m3).
                                                 63—Region 4]                                            making effective comments, please visit                Under EPA’s regulations at 40 CFR part
                                                                                                         http://www2.epa.gov/dockets/                           50, the 2008 lead NAAQS are met when
                                                 Air Plan Approval and Air Quality                       commenting-epa-dockets.                                the maximum arithmetic 3-month mean
                                                 Designation; Florida: Redesignation of                  FOR FURTHER INFORMATION CONTACT:                       concentration for a 3-year period, as
                                                 the Hillsborough County Lead Area to                    Andres Febres, Air Regulatory                          determined in accordance with
                                                 Attainment                                              Management Section, Air Planning and                   Appendix R of 40 CFR part 50, is less
                                                 AGENCY:  Environmental Protection                       Implementation Branch, Air, Pesticides                 than or equal to 0.15 mg/m3. See 40 CFR
                                                 Agency (EPA).                                           and Toxics Management Division, U.S.                   50.16. Ambient air quality monitoring
                                                 ACTION: Proposed rule.
                                                                                                         Environmental Protection Agency,                       data for the 3-year period must meet a
                                                                                                         Region 4, 61 Forsyth Street SW, Atlanta,               data completeness requirement.
                                                 SUMMARY:   On March 26, 2018, the State                 Georgia 30303–8960. Mr. Febres can be                     EPA designated the Hillsborough Area
                                                 of Florida, through the Florida                         reached by phone at (404) 562–8966 or                  as a nonattainment area for the 2008
                                                 Department of Environmental Protection                  via electronic mail at febres-                         lead NAAQS on November 22, 2010 (75
                                                 (Department), submitted a request for                   martinez.andres@epa.gov.                               FR 71033), effective December 31, 2010,
                                                 the Environmental Protection Agency                     SUPPLEMENTARY INFORMATION:                             using 2007–2009 ambient air quality
                                                 (EPA) to redesignate the Hillsborough                                                                          data. This established an attainment
                                                 County lead nonattainment area                          I. What actions is EPA proposing?
                                                                                                                                                                date of five years after the December 31,
                                                 (hereinafter referred to as the                            EPA is proposing to take the following              2010, effective date for the 2008 lead
                                                 ‘‘Hillsborough Area’’ or ‘‘Area’’) to                   three separate but related actions: (1) To             nonattainment designations pursuant to
                                                 attainment for the 2008 lead National                   determine that the Hillsborough Area                   CAA section 172(a)(2)(A). Therefore, the
                                                 Ambient Air Quality Standards                           attained the 2008 lead NAAQS based on                  Hillsborough Area’s attainment date was
                                                 (NAAQS) and an accompanying State                       quality-assured, complete, and certified               December 31, 2015.
                                                 Implementation Plan (SIP) revision                      ambient monitoring data for the 2014–                     EPA’s 2008 lead nonattainment
                                                 containing a maintenance plan for the                   2016 period and that the Area continues                designation for the Area triggered an
                                                 Area. The Hillsborough Area is                          to attain the standard based on quality-               obligation for Florida to develop a
                                                 comprised of a portion of Hillsborough                  assured, complete, and certified ambient               nonattainment SIP revision addressing
                                                 County in Florida, within a 1.5                         monitoring data for the 2014–2017                      certain CAA requirements under title I,
                                                 kilometer (km) radius of the                            period; (2) to approve Florida’s                       part D, subpart 1 (hereinafter ‘‘Subpart
                                                 EnviroFocus Technologies, LLC facility                  maintenance plan for maintaining the                   1’’) and to submit that SIP revision in
                                                 (EnviroFocus). EPA is proposing to                      2008 lead NAAQS in the Area and                        accordance with the deadlines in title I,
                                                 determine that the Hillsborough Area is                 incorporate it into the SIP; and (3) to                part D, subpart 5 (hereinafter ‘‘Subpart
                                                 attaining the 2008 lead NAAQS; to                       redesignate the Hillsborough Area to                   5’’). Subpart 1 contains the general
                                                 approve the SIP revision containing the                 attainment. The Hillsborough Area is                   requirements for nonattainment areas
                                                 State’s maintenance plan for                            comprised of a portion of Hillsborough                 for criteria pollutants, including
                                                 maintaining attainment of the 2008 lead                 County, Florida, bounded by a 1.5 km                   requirements to develop a SIP that
                                                 standard and to incorporate the                         radius centered at Universal Transverse                provides for the implementation of
                                                 maintenance plan into the SIP; and to                   Mercator (UTM) coordinates 364104                      reasonably available control measures
                                                 redesignate the Hillsborough Area to                    meters East, 3,093,830 meters North,                   (RACM), requires reasonable further
                                                 attainment for the 2008 lead NAAQS.                     Zone 17, which surrounds EnviroFocus.                  progress (RFP), includes base-year and
                                                 DATES: Comments must be received on                        EPA is making the preliminary                       attainment-year emissions inventories,
                                                 or before July 19, 2018.                                determination that the Hillsborough                    and provides for the implementation of
                                                 ADDRESSES: Submit your comments,                        Area is attaining the 2008 lead NAAQS                  contingency measures.
                                                 identified by Docket ID No. EPA–R04–                    based on recent air quality data, and                     On April 16, 2015 (80 FR 20441), EPA
                                                 OAR–2018–0182 at http://                                proposing to approve Florida’s SIP                     published a final rule that approved a
                                                 www.regulations.gov. Follow the online                  revision containing the maintenance                    SIP revision, comprised of an
                                                 instructions for submitting comments.                   plan for the Hillsborough Area, in                     attainment plan, based on Florida’s
                                                 Once submitted, comments cannot be                      accordance to the requirements of                      attainment demonstration for the
                                                 edited or removed from Regulations.gov.                 section 175A. The maintenance plan                     Hillsborough Area that included the
                                                 EPA may publish any comment received                    submitted with Florida’s request for                   base year emissions inventory
                                                 to its public docket. Do not submit                     redesignation is intended to help keep                 requirements, a modeling demonstration
                                                 electronically any information you                      the Hillsborough Area in attainment of                 of attainment for the 2008 lead NAAQS,
                                                 consider to be Confidential Business                    the 2008 lead NAAQS through the year                   RACM requirements that include
                                                 Information (CBI) or other information                  2029.                                                  reasonably available control technology
                                                 whose disclosure is restricted by statute.                 Finally, EPA is proposing to                        (RACT), an RFP plan, and contingency
                                                 Multimedia submissions (audio, video,                   determine that the Hillsborough Area                   measures for the Hillsborough Area.
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                                                 etc.) must be accompanied by a written                  has met the requirements for
                                                 comment. The written comment is                         redesignation under section 107(d)(3)(E)               III. Criteria for Redesignation
                                                 considered the official comment and                     of the CAA. Accordingly, EPA is                          The CAA provides the requirements
                                                 should include discussion of all points                 proposing to approve a request to                      for redesignating a nonattainment area
                                                 you wish to make. EPA will generally                    change the legal designation of the                    to attainment. Specifically, section
                                                 not consider comments or comment                        portion of Hillsborough County that is                 107(d)(3)(E) of the CAA allows for
                                                 contents located outside of the primary                 designated nonattainment to attainment                 redesignation providing that: (1) The
                                                 submission (i.e., on the web, cloud, or                 for the 2008 lead NAAQS.                               Administrator determines that the area


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                                                                              Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Proposed Rules                                                                28403

                                                 has attained the applicable NAAQS; (2)                          Director, Air Quality Management                              detail for the Hillsborough Area in the
                                                 the Administrator has fully approved                            Division, October 28, 1992; and                               following paragraphs.
                                                 the applicable implementation plan for                            3. ‘‘Part D New Source Review (Part                            Criteria (1)—The Administrator
                                                 the area under section 110(k); (3) the                          D NSR) Requirements for Areas                                 determines that the area has attained
                                                 Administrator determines that the                               Requesting Redesignation to                                   the NAAQS.
                                                 improvement in air quality is due to                            Attainment,’’ Memorandum from Mary                               For redesignating a nonattainment
                                                 permanent and enforceable reductions                            D. Nichols, Assistant Administrator for                       area to attainment, the CAA requires
                                                 in emissions resulting from                                     Air and Radiation, October 14, 1994.                          EPA to determine that the area has
                                                 implementation of the applicable SIP                            IV. Why is EPA proposing these                                attained the applicable NAAQS. See
                                                 and applicable Federal air pollutant                            actions?                                                      CAA section 107(d)(3)(E)(i). For lead, an
                                                 control regulations and other permanent                                                                                       area may be considered to be attaining
                                                 and enforceable reductions; (4) the                               On March 26, 2018, Florida requested
                                                                                                                 that EPA redesignate the Hillsborough                         the 2008 lead NAAQS if it meets the
                                                 Administrator has fully approved a                                                                                            2008 lead NAAQS, as determined in
                                                 maintenance plan for the area as                                Area to attainment for the 2008 lead
                                                                                                                 NAAQS and submitted an associated                             accordance with 40 CFR 50.16 and
                                                 meeting the requirements of section                                                                                           Appendix R of part 50, based on three
                                                 175A; and (5) the state containing such                         SIP revision containing a maintenance
                                                                                                                 plan. EPA’s evaluation indicates that the                     complete, consecutive calendar years of
                                                 area has met all requirements applicable                                                                                      quality-assured air quality monitoring
                                                 to the area for purposes of redesignation                       Hillsborough Area is attaining the 2008
                                                                                                                 lead NAAQS and that it meets the                              data. To attain the NAAQS, the
                                                 under section 110 and part D of the                                                                                           maximum arithmetic 3-month mean
                                                 CAA.                                                            requirements for redesignation as set
                                                                                                                 forth in section 107(d)(3)(E), including                      concentration for a 3-year period lead
                                                    On April 16, 1992, EPA provided                                                                                            concentration measured at each monitor
                                                                                                                 the maintenance plan requirements
                                                 guidance on redesignation in the                                                                                              within an area must not exceed 0.15 mg/
                                                                                                                 under section 175A of the CAA. As a
                                                 General Preamble for the                                                                                                      m3. The data must be collected and
                                                                                                                 result, EPA is proposing to take the
                                                 Implementation of title I of the CAA                                                                                          quality-assured in accordance with 40
                                                                                                                 three related actions summarized in
                                                 Amendments of 1990 (57 FR 13498),                                                                                             CFR part 58 and recorded in EPA’s Air
                                                                                                                 section I of this document.
                                                 and supplemented this guidance on                                                                                             Quality System (AQS). The monitors
                                                 April 28, 1992 (57 FR 18070). EPA has                           V. EPA’s Analysis of the State’s                              should have remained at the same
                                                 provided further guidance on processing                         Redesignation Request and SIP                                 location for the duration of the
                                                 redesignation requests in the following                         Revision                                                      monitoring period required for
                                                 documents:                                                         As stated above, in accordance with                        demonstrating attainment.
                                                    1. ‘‘Procedures for Processing                               the CAA, EPA proposes to: (1)                                    Monitoring data for the Hillsborough
                                                 Requests to Redesignate Areas to                                Determine that the Hillsborough Area is                       Area shows that the 2008 lead NAAQS
                                                 Attainment,’’ Memorandum from John                              attaining the 2008 lead NAAQS; (2)                            was attained. As demonstrated in Table
                                                 Calcagni, Director, Air Quality                                 approve the 2008 lead NAAQS                                   1, below, the 2014–2016 and 2015–2017
                                                 Management Division, September 4,                               maintenance plan for the Area and                             design values for the Area are all at or
                                                 1992 (hereinafter referred to as the                            incorporate it into the Florida SIP; and                      below the 2008 lead standard of 0.15 mg/
                                                 ‘‘Calcagni Memorandum’’);                                       (3) redesignate the Area to attainment                        m3. As a reference, the highest design
                                                    2. ‘‘State Implementation Plan (SIP)                         for the 2008 lead NAAQS.                                      values during the period 2009–2017 are
                                                 Actions Submitted in Response to Clean                             The five redesignation criteria                            also shown in Table 1 and the percent
                                                 Air Act (CAA) Deadlines,’’                                      provided under CAA section                                    reductions that have been achieved from
                                                 Memorandum from John Calcagni,                                  107(d)(3)(E) are discussed in greater                         these values.

                                                                 TABLE 1—MONITORED DESIGN VALUES (μg/m3) AND REDUCTION (%) FOR THE HILLSBOROUGH AREA
                                                                                                                                                                                                                       Percent
                                                                       Monitoring Station                                        Attainment                   Highest        2014–2016           2015–2017           reduction in
                                                                                                                                                            design value
                                                                        (AQS site ID)                                               date                                    Design value 1      Design value 2       design value
                                                                                                                                                             2009–2017                                                   (%)

                                                 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                               proposed action, EPA is proposing to                          EPA finalizes the redesignation, EPA
                                                 most recent quality-assured, complete,                          determine that the Hillsborough Area                          will not go forward with the
                                                 and certified data at the time of                               attained the 2008 lead NAAQS based on                         redesignation. As discussed in more
                                                 Florida’s redesignation request, 2015–                          quality-assured, complete, and certified                      detail below, Florida has committed to
                                                 2017 quality-assured, complete, and                             ambient monitoring data for the 2014–                         continue monitoring ambient air lead
                                                 certified data is now available. As                             2016 period and that the Area continues                       concentrations in this Area in
                                                 presented in Table 1 above, the 2015–                           to attain the standard based on quality-                      accordance with 40 CFR part 58, as well
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                                                 2017 data shows that the Area continues                         assured, complete, and certified ambient                      as to consult with EPA Region 4
                                                 to attain the standard. Preliminary 2018                        monitoring data for the 2015–2017                             regarding any future changes to the
                                                 data also indicates that the Area                               period. However, if the Area does not                         monitoring network.
                                                 continues to attain the standard.3 In this                      continue to attain the standard before
                                                    1 Air quality design values for all criteria air               2 2017 data is available at https://www.epa.gov/              3 Preliminary 2018 data is available at https://

                                                 pollutants are available at: https://www.epa.gov/air-           outdoor-air-quality-data/monitor-values-report.               www.epa.gov/outdoor-air-quality-data/monitor-
                                                 trends/air-quality-design-values.                                                                                             values-report.



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                                                 28404                    Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Proposed Rules

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


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                                                                          Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Proposed Rules                                                     28405

                                                 172(c)(9) requirements for contingency                  conformity SIP revisions must be                       and enforceable reductions in
                                                 measures.                                               consistent with Federal conformity                     emissions.
                                                    Section 172(c)(4) requires the                       regulations relating to consultation,                     When EPA designated the
                                                 identification and quantification of                    enforcement, and enforceability that                   Hillsborough Area as a nonattainment
                                                 allowable emissions for major new and                   EPA promulgated pursuant to its                        for the lead NAAQS, EPA determined
                                                 modified stationary sources to be                       authority under the CAA. In light of the               that operations at EnviroFocus were the
                                                 allowed in an area, and section 172(c)(5)               elimination of lead additives in                       primary cause of the 2008 lead NAAQS
                                                 requires source permits for the                         gasoline, transportation conformity does               violation in the Area.4 In 2012, the State
                                                 construction and operation of new and                   not apply to the lead NAAQS. See 73 FR                 submitted an attainment plan that
                                                 modified major stationary sources                       66964 (November 12, 2008).                             contained a construction permit 5 with
                                                 anywhere in the nonattainment area.                                                                            lead controls needed to attain the
                                                 Florida currently has a fully-approved                  B. The Hillsborough Area Has a Fully
                                                                                                         Approved Applicable SIP Under Section                  NAAQS to satisfy the section 172(c)(1)
                                                 part D NSR program in place. However,                                                                          RACM requirement. These controls
                                                 EPA has determined that, since PSD                      110(k) of the CAA
                                                                                                                                                                were part of a modernization project for
                                                 requirements will apply after                             EPA has fully approved the applicable                the facility and included: Baghouses
                                                 redesignation, areas being redesignated                 Florida SIP for the Hillsborough Area                  capable of achieving over 99 percent
                                                 need not comply with the requirement                    under section 110(k) of the CAA for all                efficiency for exhaust control of all
                                                 that a NSR program be approved prior                    requirements applicable for purposes of                smelting and refining operations; local
                                                 to redesignation, provided that the area                redesignation. EPA may rely on prior                   exhaust vents (LEVs) for fugitive
                                                 demonstrates maintenance of the                         SIP approvals in approving a                           emissions from the process; wet
                                                 NAAQS without part D NSR. A more                        redesignation request (see Calcagni                    suppression (via a sprinkler system),
                                                 detailed rationale for this view is                     Memorandum at p. 3; Southwestern                       vacuum sweeping, and wheel washing
                                                 described in a memorandum from Mary                     Pennsylvania Growth Alliance v.                        of vehicles exiting the building; and a
                                                 Nichols, Assistant Administrator for Air                Browner, 144 F.3d 984, 989–90 (6th Cir.                complete enclosure of the facility with
                                                 and Radiation, dated October 14, 1994,                  1998); Wall, 265 F.3d 426) plus any                    negative-pressure. EPA approved these
                                                 entitled ‘‘Part D New Source Review                     additional measures it may approve in                  controls as RACM/RACT and
                                                 Requirements for Areas Requesting                       conjunction with a redesignation action.               incorporated them into the SIP, making
                                                 Redesignation to Attainment.’’ Florida                  See 68 FR 25426 (May 12, 2003) and                     them permanent and enforceable SIP
                                                 has demonstrated that the Area will be                  citations therein. Following passage of
                                                                                                                                                                measures to meet the requirements of
                                                 able to maintain the NAAQS without                      the CAA of 1970, Florida has adopted
                                                                                                                                                                the CAA and 2008 Lead NAAQS. See 80
                                                 part D NSR in effect, and therefore                     and submitted, and EPA has fully
                                                                                                                                                                FR 20441 (April 16, 2015). In addition,
                                                 Florida need not have fully approved                    approved at various times, provisions
                                                                                                                                                                the Facility is subject to the revised
                                                 part D NSR programs prior to approval                   addressing various SIP elements
                                                                                                                                                                secondary lead smelting National
                                                 of the redesignation request. Florida’s                 applicable for the 2008 lead NAAQS in
                                                                                                                                                                Emissions Standards for Hazardous Air
                                                 PSD program will become effective in                    the Hillsborough Area. See 80 FR 14019
                                                                                                                                                                Pollutants (NESHAP).6 Florida has
                                                 the Area upon redesignation to                          (March 18, 2015); 80 FR 57538
                                                                                                                                                                incorporated the requirements to install
                                                 attainment.                                             (September 24, 2015); and 80 FR 20441
                                                                                                                                                                and operate controls related to RACM/
                                                    Section 172(c)(7) requires the SIP to                (April 16, 2015).
                                                                                                            As indicated above, EPA believes that               RACT and the lead NESHAP into the
                                                 meet the applicable provisions of
                                                                                                         the section 110 elements that are neither              Facility’s March 6, 2017 Title V permit.7
                                                 section 110(a)(2). As noted above, EPA
                                                                                                         connected with nonattainment plan                      EPA considers the emissions reductions
                                                 believes that the Florida’s SIP meets the
                                                                                                         submissions nor linked to an area’s                    from the lead controls at EnviroFocus to
                                                 requirements of section 110(a)(2)
                                                                                                         nonattainment status are not applicable                be permanent and enforceable.
                                                 applicable for purposes of
                                                                                                         requirements for purposes of                              Criteria (4)—The Administrator fully
                                                 redesignation.
                                                    Finally, Section 172(c)(8) allows a                  redesignation.                                         approves a maintenance plan for the
                                                 state to use equivalent modeling,                          Criteria (3)—The Administrator                      area as meeting the requirements of
                                                 emission inventory, and planning                        determines that the improvement in air                 section175A of the CAA.
                                                 procedures if such use is requested by                  quality is due to permanent and                           For redesignating a nonattainment
                                                 the state and approved by EPA. Florida                  enforceable reductions in emissions                    area to attainment, the CAA requires
                                                 has not requested the use of equivalent                 resulting from implementation of the                   EPA to determine that the area has a
                                                 techniques under section 172(c)(8).                     applicable SIP and applicable Federal                  fully approved maintenance plan
                                                                                                         air pollution control regulations and                  pursuant to section 175A of the CAA.
                                                 b. Subpart 1 Section 176—Conformity                     other permanent and enforceable                        See CAA section 107(d)(3)(E)(iv). In
                                                 Requirements                                            reductions.                                            conjunction with its request to
                                                    Section 176(c) of the CAA requires                      For redesignating a nonattainment                   redesignate the Hillsborough Area to
                                                 states to establish criteria and                        area to attainment, the CAA requires
                                                                                                                                                                   4 See Region 4—Final Florida Technical Support
                                                 procedures to ensure that federally                     EPA to determine that the air quality
                                                                                                                                                                Document For 1st Round of Lead Designations,
                                                 supported or funded projects conform to                 improvement in the area is due to                      available at http://www.regulations.gov, document
                                                 the air quality planning goals in the                   permanent and enforceable reductions                   ID EPA–HQ–OAR–2009–0443–0330.
                                                 applicable SIP. The requirement to                      in emissions resulting from                               5 Construction permit No. 0570057–027–AC

                                                 determine conformity applies to                         implementation of the SIP, applicable                  (issued by the Department on December 14, 2012),
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                                                                                                                                                                available at http://www.regulations.gov, document
                                                 transportation plans, programs, and                     Federal air pollution control                          ID EPA–R04–OAR–2014–0220–0002.
                                                 projects that are developed, funded, or                 regulations, and other permanent and                      6 See 78 FR 54835 (September 9, 2013). The
                                                 approved under title 23 of the United                   enforceable reductions (CAA section                    secondary lead NESHAP, codified at 40 CFR part
                                                 States Code (U.S.C.) and the Federal                    107(d)(3)(E)(iii)). EPA has preliminarily              63, subpart X, sets emissions standards for facilities
                                                 Transit Act (transportation conformity)                 determined that Florida has                            that recycle lead-bearing scrap material, typically
                                                                                                                                                                lead acid batteries, into elemental lead or lead
                                                 as well as to all other federally                       demonstrated that the observed air                     alloys. EPA promulgated the standard in 1997 and
                                                 supported or funded projects (general                   quality improvement in the                             revised it in 2012 (with amendments in 2014).
                                                 conformity). State transportation                       Hillsborough Area is due to permanent                     7 Title V permit No. 0570057–033–AV.




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                                                 28406                    Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Proposed Rules

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

                                                                  TABLE 2—ACTUAL AND PROJECTED ANNUAL LEAD EMISSIONS (tpy) FOR THE HILLSBOROUGH AREA
                                                                                      2014                                                                                                     2029
                                                       2009 Base                                               2020 Interim                2023 Interim             2026 Interim
                                                                                   Attainment                                                                                               Maintenance
                                                          year                                                    year                        year                     year
                                                                                      year                                                                                                      year

                                                          0.588                        0.447                       0.447                      0.447                      0.447                  0.447



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


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                                                                          Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Proposed Rules                                           28407

                                                 enforce any subsequent emissions                        by the Department or Environmental                     reduce ambient lead concentrations in
                                                 control contingency measures                            Protection Commission of Hillsborough                  the Area. The Department will transmit
                                                 determined to be necessary to correct                   County (EPC), must immediately initiate                written descriptions of any such
                                                 future lead attainment problems.                        an enhanced Operation & Maintenance                    contingency measures by certified letter.
                                                    Currently, all measures necessary to                 (O&M) Plan for lead control. This                      These measures will be effective
                                                 attain and maintain the 2008 lead                       enhanced O&M Plan must include the                     immediately upon receipt and will
                                                 NAAQS are included in the SIP-                          following:                                             remain in effect until such time as the
                                                 approved Hillsborough Area attainment                      • Immediately begin a daily 12-                     Department has determined that they
                                                 plan and have been implemented by                       minute reading of visible emissions on                 are no longer needed. Applicable
                                                 EnviroFocus. According to the State,                    each lead outlet following EPA’s                       emissions abatement measures may be
                                                 EnviroFocus will continue to make                       Method #9;                                             revisited each and every consecutive
                                                 improvements to the facility to further                    • Within 14 days, complete a dye leak               month during which a lead monitor in
                                                 reduce lead emissions that were not                     check on every filtration device which                 the Area averages above the NAAQS.
                                                 required by the Area’s attainment plan.                 controls a lead source and cease                         If a violation is recorded in any of the
                                                 Florida will continue to verify                         operations of any device that fails the                monitors in the Area, Florida will
                                                 attainment of the 2008 lead NAAQS in                    test until the leak is fixed and the device            immediately begin a 30-day evaluation
                                                 the Area through its established                        passes a second leak test;                             period to diagnose the cause of the
                                                 monitoring network plan, as discussed                      • Immediately increase the sprinkler                violation. Following this evaluation, a
                                                 above. Additionally, EnviroFocus is                     system frequency. The frequency should                 90-day consultation period will begin
                                                 required to submit emissions data to the                be adjusted to 5 minutes every 30                      between the State and EnviroFocus to
                                                 State through its annual operating                      minutes during daylight hours, and 5                   determine the best course of action. If a
                                                 reports, which will be used to verify the               minutes every 60 minutes during                        permit modification is necessary, the
                                                 facility’s compliance with permitted                    nighttime hours;                                       State would issue a final permit in
                                                 emission limits, and assess emission                       • Immediately begin to vacuum the                   accordance to Sections 120 and 403 of
                                                 trends in the Area.                                     paved yard three times a day, except                   the Florida Statutes. For additional
                                                                                                         during rain events or 2 hours following                details on the contingency plan, refer to
                                                 f. Contingency Measures in the
                                                 Maintenance Plan                                        a rain event; and                                      section 5 of the maintenance plan.
                                                                                                            • Keep daily records of these                         EPA has preliminarily concluded that
                                                    Section 175A of the CAA requires that                activities and submit these records                    the maintenance plan adequately
                                                 a maintenance plan include such                         monthly to the Department or EPC, or                   addresses the five basic components of
                                                 contingency measures as EPA deems                       anytime upon request.                                  a maintenance plan: The attainment
                                                 necessary to assure that the state will                    The contingency measures outlined                   emissions inventory; maintenance
                                                 promptly correct a violation of the                     above must be continued for a minimum                  demonstration; monitoring; verification
                                                 NAAQS that occurs after redesignation.                  of 90 days or until the Department has                 of continued attainment; and a
                                                 The maintenance plan should identify                    determined that they are no longer                     contingency plan. Therefore, EPA
                                                 the contingency measures to be adopted,                 needed.                                                proposes to determine that the
                                                 a schedule and procedure for adoption                      In the event that any three                         maintenance plan for the Area meets the
                                                 and implementation, and a time limit                    consecutive month period averages                      requirements of section 175A of the
                                                 for action by the state. A state should                 greater than 0.15 mg/m3 at any monitor                 CAA and proposes to incorporate the
                                                 also identify specific indicators to be                 in the Area, EnviroFocus, once notified                maintenance plan into the Florida SIP.
                                                 used to determine when the                              by the Department or EPC, must
                                                 contingency measures need to be                         continue with the measures detailed in                 VI. Proposed Actions
                                                 implemented. The maintenance plan                       the O&M Plan listed above and:                            EPA is proposing to take three
                                                 must include a requirement that a state                    • Immediately cease construction                    separate but related actions regarding
                                                 will implement all measures with                        activities on site that disturb soil;                  the redesignation request and associated
                                                 respect to control of the pollutant that                   • Immediately restrict traffic within               SIP revision for the Hillsborough Area.
                                                 were contained in the SIP before                        the facility area to only essential                       First, EPA is proposing to determine
                                                 redesignation of the area to attainment                 vehicles;                                              that the Area attained the 2008 lead
                                                 in accordance with section 175A(d).                        • The Department may require                        NAAQS based on quality-assured,
                                                    In the March 26, 2018, SIP revision,                 immediate restriction of the daily                     complete, and certified ambient
                                                 Florida commits to maintaining the                      production of lead from the blast and                  monitoring data for the 2014–2016
                                                 existing control measures at                            reverb furnaces; and                                   period and that the Area continues to
                                                 EnviroFocus after redesignation. As                        • Keep daily records of these                       attain the standard based on quality-
                                                 discussed above, EnviroFocus is the                     activities and submit these records                    assured, complete, and certified ambient
                                                 primary contributor to lead in the                      monthly to the Department or EPC, or                   monitoring data for the 2014–2017
                                                 nonattainment area, the Facility is                     anytime upon request.                                  period.
                                                 subject to the secondary lead NESHAP,                      The contingency measures outlined                      Second, EPA is proposing to approve
                                                 and EPA has incorporated the lead                       above must be continued for a minimum                  the maintenance plan for the Area and
                                                 control measures for the Facility into                  of 90 days or until the Department has                 to incorporate it into the SIP. As
                                                 the SIP as RACM/RACT. See 80 FR                         determined that they are no longer                     described above, the maintenance plan
                                                 20441 (April 16, 2015).                                 needed.                                                demonstrates that the Area will
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                                                    The contingency plan included in the                    In the event that a fourth consecutive              continue to maintain the 2008 lead
                                                 maintenance plan contains several                       month is greater than 0.15 mg/m3 at any                NAAQS through 2029.
                                                 triggers to determine when contingency                  monitor in the Area, EnviroFocus must                     Third, EPA is proposing to approve
                                                 measures are needed and what kind of                    continue with the measures listed                      Florida’s request for redesignation of the
                                                 measures should be used. In the event                   above. The Department may then                         Area from nonattainment to attainment
                                                 that any one-month period averages                      require additional production                          for the 2008 lead NAAQS. If finalized,
                                                 greater than 0.15 mg/m3 at any monitor                  restrictions and/or contingency                        approval of the redesignation request for
                                                 in the Area, EnviroFocus, once notified                 measures as it deems necessary to                      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                  state law. For this reason, these                      Technology Transfer and Advancement
                                                 Hillsborough County, Florida, bounded                   proposed actions:                                      Act of 1995 (15 U.S.C. 272 note) because
                                                 by a 1.5 km radius centered at UTM                         • Are not significant regulatory                    application of those requirements would
                                                 coordinates 364,104 meters East,                        actions subject to review by the Office                be inconsistent with the CAA; and
                                                 3,093,830 meters North, Zone 17, which                  of Management and Budget under                           • Will not have disproportionate
                                                 surrounds EnviroFocus, as found at 40                   Executive Orders 12866 (58 FR 51735,                   human health or environmental effects
                                                 CFR part 81, from nonattainment to                      October 4, 1993) and 13563 (76 FR 3821,                under Executive Order 12898 (59 FR
                                                 attainment for the 2008 lead NAAQS.                     January 21, 2011);                                     7629, February 16, 1994).
                                                                                                            • Are not Executive Order 13771 (82
                                                 VII. Statutory and Executive Order                      FR 9339, February 2, 2017) regulatory                    The SIP is not approved to apply on
                                                                                                         actions because redesignations and SIP                 any Indian reservation land or in any
                                                 Reviews
                                                                                                         approvals are exempted under                           other area where EPA or an Indian tribe
                                                    Under the CAA, redesignation of an                   Executive Order 12866;                                 has demonstrated that a tribe has
                                                 area to attainment and the                                 • Do not impose information                         jurisdiction. In those areas of Indian
                                                 accompanying approval of a                              collection burdens under the provisions                country, the rule does not have tribal
                                                 maintenance plan under section                          of the Paperwork Reduction Act (44                     implications as specified by Executive
                                                 107(d)(3)(E) are actions that affect the                U.S.C. 3501 et seq.);                                  Order 13175 (65 FR 67249, November 9,
                                                 status of a geographical area and do not                   • Are certified as not having a                     2000), nor will it impose substantial
                                                 impose any additional regulatory                        significant economic impact on a                       direct costs on tribal governments or
                                                 requirements on sources beyond those                    substantial number of small entities                   preempt tribal law.
                                                 imposed by state law. A redesignation to                under the Regulatory Flexibility Act (5                List of Subjects
                                                 attainment does not in and of itself                    U.S.C. 601 et seq.);
                                                 create any new requirements, but rather                    • Do not contain any unfunded                       40 CFR Part 52
                                                 results in the applicability of                         mandates or significantly or uniquely
                                                                                                         affect small governments, as described                   Environmental protection, Air
                                                 requirements contained in the CAA for                                                                          pollution control, Incorporation by
                                                 areas that have been redesignated to                    in the Unfunded Mandates Reform Act
                                                                                                         of 1995 (Pub. L. 104–4);                               reference, Intergovernmental relations,
                                                 attainment. Moreover, the Administrator                                                                        Lead, Reporting and recordkeeping.
                                                                                                            • Do not have Federalism
                                                 is required to approve a SIP submission
                                                                                                         implications as specified in Executive                 40 CFR Part 81
                                                 that complies with the provisions of the                Order 13132 (64 FR 43255, August 10,
                                                 Act and applicable Federal regulations.                 1999);                                                   Environmental protection, Air
                                                 See 42 U.S.C. 7410(k); 40 CFR 52.02(a).                    • Are not economically significant                  pollution control, National parks,
                                                 Thus, in reviewing SIP submissions,                     regulatory actions based on health or                  Wilderness areas.
                                                 EPA’s role is to approve state choices,                 safety risks subject to Executive Order                  Authority: 42 U.S.C. 7401 et seq.
                                                 provided that they meet the criteria of                 13045 (62 FR 19885, April 23, 1997);
                                                                                                                                                                  Dated: June 8, 2018.
                                                 the CAA. Accordingly, these proposed                       • Are not significant regulatory
                                                 actions merely propose to approve state                 actions subject to Executive Order                     Onis ‘‘Trey’’ Glenn, III
                                                 law as meeting Federal requirements                     13211 (66 FR 28355, May 22, 2001);                     Regional Administrator, Region 4.
                                                 and do not impose additional                               • Are not subject to requirements of                [FR Doc. 2018–13148 Filed 6–18–18; 8:45 am]
                                                 requirements beyond those imposed by                    Section 12(d) of the National                          BILLING CODE 6560–50–P
daltland on DSKBBV9HB2PROD with PROPOSALS




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Document Created: 2018-07-02 11:21:11
Document Modified: 2018-07-02 11:21:11
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before July 19, 2018.
ContactAndres 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 [email protected]
FR Citation83 FR 28402 
CFR Citation40 CFR 52
40 CFR 81
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Lead; Reporting and Recordkeeping; National Parks and Wilderness Areas

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