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Federal Register / Vol. 86, No. 106 / Friday, June 4, 2021 / Rules and Regulations
reasonable further progress plan, and CAA section 172c9 contingency measures for the Hillsborough Area.
Subsequently, on September 11, 2018
83 FR 45836, EPA published a final rule that approved Floridas March 26, 2018, redesignation request and associated SIP revision for the Hillsborough Area. Specifically, EPA
took three separate but related final actions regarding the Hillsborough Area:
1 Determined that the Hillsborough Area attained the 2008 lead NAAQS
based on complete, quality-assured, and certified ambient monitoring data for the 20142016 period, and that the Hillsborough Area continued to attain the standard based on complete, qualityassured, and certified ambient monitoring data for the 20152017
period; 2 approved the maintenance plan for the Hillsborough Area and incorporated it into the Florida SIP; and 3 approved Floridas request for redesignation of the Hillsborough Area from nonattainment to attainment for the 2008 lead NAAQS.
Finally, on January 23, 2020, Florida submitted a SIP revision that seeks to update the attainment emissions inventory and the maintenance demonstration, including the projected future emissions inventories, in the maintenance plan for the Area.2 The SIP
revision also seeks to incorporate recent changes to the air construction permit for the EnviroFocus facility that are related to an increase in the refined lead production limit. A detailed description of the changes, as well as EPAs rationale for approving the January 23, 2020, SIP revision, can be found in the Notice of Propose Rulemaking NPRM, which published on March 25, 2021.
See 86 FR 15840. Comments on the March 25, 2021, NPRM were due on or before April 26, 2021. No comments were received.
II. Incorporation by Reference In this document, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with the requirements of 1
CFR 51.5, EPA is finalizing the incorporation by reference into Floridas SIP, Air Construction Permit No.
057005727AC, issued by FDEP to EnviroFocus with an effective date of December 14, 2012, except for the following: 1 Conditions not specifically related to lead emissions;
2 Section 3, Subsection B, Specific Condition 3; 3 Section 3, Subsection B, 2 Floridas SIP revision did not seek changes to any other portions of the maintenance plan.
Therefore, those portions of the plan remain in the SIP as approved by EPA in its September 11, 2018, action 83 FR 45836.

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Specific Condition 10; 4 Section 3, Subsection C, Specific Condition 5; and 5 Section 3, Subsection G, Specific Condition 5. EPA is also incorporating by reference into Floridas SIP the following conditions from Air Construction Permit No. 057005737
AC, issued by FDEP to EnviroFocus with an effective date of November 6, 2019: 1 Section 3, Subsection B, Specific Condition 2; 3 2 Section 3, Subsection B, Specific Condition 3a; 4
3 Section 3, Subsection C, Specific Condition 1; 5 and 4 Section 3, Subsection D, Specific Condition 1.6
EPA has made, and will continue to make, these materials generally available through www.regulations.gov and at the EPA Region 4 Office please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more information.
Therefore, these materials have been approved by EPA for inclusion in the State implementation plan, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA
as of the effective date of the final rulemaking of EPAs approval, and will be incorporated by reference in the next update to the SIP compilation.7
III. Final Action EPA is approving changes regarding the Hillsborough Area as presented in Floridas January 23, 2020, SIP revision.
The changes include corrections to the attainment emissions inventory and the maintenance demonstration, including the projected future emissions inventories, in the maintenance plan for 3 This provision states: Lead Production: The maximum refined lead production from the EFT
facility shall not exceed 200,000 tons in any consecutive twelve-month period. Application No.
0570057037AC and Rule 62210.200 PTE, F.A.C.
4 This provision states: Furnace Capacities: Any equipment or any other changes authorized as part of this permit, shall not result in any capacity increase of the reverb or blast furnaces. The reverb furnace shall still be limited to a maximum charge rate of 960 tons per day TPD with a maximum capacity of 338,400 tons in any twelve-month consecutive period. The blast furnace shall still have a maximum charge rate of 180 TPD with a maximum capacity of 65,700 tons in any twelvemonth consecutive period. Application No.
050057037AC; Rules 624.0703 and 62
210.200PTE, F.A.C.
5 This provision states: Lead Production: The maximum refined lead produced from the EFT
facility shall not exceed 200,000 tons in any consecutive twelve-month period. Application No.
0570057037 and Rule 62210.200PTE, F.A.C.
6 This provision states: Production: The maximum refined lead produced from the enclosed facility shall not exceed 200,000 tons any consecutive twelve-month period. Application No.
0570057037AC and Rule 62.210.200PTE, F.A.C.
7 See 62 FR 27968 May 22, 1997.

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the Area. The SIP revision also includes recent changes to the construction permit for the EnviroFocus facility that authorize an increase in the refined lead production limit at the facility. EPA
finds that the changes to the SIP will not interfere with any applicable requirement concerning attainment, RFP, or any other applicable requirement of the CAA. EPA therefore is incorporating the changes to the maintenance plan and the facilitys permit into the Florida SIP.
IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations.
See 42 U.S.C. 7410k; 40 CFR 52.02a.
Thus, in reviewing SIP submissions, EPAs role is to approve state choices, provided that they meet the criteria of the CAA. This action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 58 FR 51735, October 4, 1993 and 13563 76 FR 3821, January 21, 2011;
Does not impose an information collection burden under the provisions of the Paperwork Reduction Act 44
U.S.C. 3501 et seq.;
Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act 5
U.S.C. 601 et seq.;
Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 Pub. L. 1044;
Does not have Federalism implications as specified in Executive Order 13132 64 FR 43255, August 10, 1999;
Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 62 FR 19885, April 23, 1997;
Is not a significant regulatory action subject to Executive Order 13211 66 FR
28355, May 22, 2001;
Is not subject to requirements of section 12d of the National Technology Transfer and Advancement Act of 1995 15 U.S.C. 272 note because application of those requirements would be inconsistent with the CAA; and Does not provide EPA with the discretionary authority to address, as
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