[Federal Register Volume 64, Number 197 (Wednesday, October 13, 1999)]
[Rules and Regulations]
[Pages 55421-55425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26329]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[TX-112-1-7421a; FRL-6449-5]
Approval and Promulgation of Air Quality Implementation Plans;
Texas: Redesignation Request and Maintenance Plan for the Collin County
Lead Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: We are approving a request from the Texas Natural Resource
Conservation Commission (TNRCC) to redesignate Collin County, Texas, to
attainment for the lead National Ambient Air Quality Standard (NAAQS).
This request was submitted to us by the Governor on August 31, 1999.
The request was accompanied by a demonstration from TNRCC that
continued compliance with the lead NAAQS can reasonably be expected.
The maintenance plan also includes a summary of the measured lead
concentrations from 1995-1998, an inventory of the annual lead
emissions in the County, the permitted and enforceable conditions
responsible for continued compliance with the lead NAAQS, and
contingency measures, should a future violation occur.
DATES: This direct final rule is effective on December 13, 1999, unless
we receive adverse written comments by November 12, 1999. If we receive
adverse comments, we will publish a timely withdrawal of this direct
final rule in the Federal Register, and inform the public that the rule
will not take effect.
ADDRESSES: Written comments on this action should be addressed to Mr.
Thomas H. Diggs, Chief, Air Planning Section, at our Regional Office
listed below. Copies of the documents relevant to this action are
available for public inspection during normal business hours at the
following locations. Persons interested in examining these documents
should make an appointment with the appropriate office at least 24
hours before the visiting day. Environmental Protection Agency, Region
6, Air Planning Section (6PD-L), 1445 Ross Avenue, Suite 700, Dallas,
Texas 75202-2733. Texas Natural Resource Conservation Commission, 12124
Park 35 Circle, Austin, Texas 78753.
FOR FURTHER INFORMATION CONTACT: Lt. Mick Cote, Air Planning Section
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Dallas, Texas 75202-2733, telephone (214) 665-7219.
SUPPLEMENTARY INFORMATION:
I. What action is EPA taking today?
II. Why is Collin County, Texas, designated as a lead nonattainment
area?
III. What has the State done to address its lead issue in Collin
County?
IV. What steps must Texas take to change the designation of Collin
County from nonattainment to attainment for lead?
V. Does Collin County now meet the National Ambient Air Quality
Standard (NAAQS) for lead?
VI. Has Texas met all its regulatory requirements in Collin County?
VII. Has there been an improvement in air quality in Collin County?
VIII. Has the State demonstrated that it can maintain its Compliance
with the lead NAAQS in the future?
IX. Administrative Requirements.
I. What Action Is EPA Taking Today?
We are approving the lead maintenance plan for Collin County,
Texas, and redesignating Collin County to attainment for the lead
NAAQS. We are taking this action because the redesignation request and
maintenance plan meet the requirements of the Clean Air Act (the Act).
We are publishing this rule without prior proposal because we view this
as a non-controversial action, and we anticipate no adverse comments.
However, in the proposed rules section of this Federal Register
publication, we are publishing a separate document that will serve as
our proposal, should adverse comments be filed. This rule is effective
on December 13, 1999, without further notice, unless we receive adverse
comments by November 12, 1999.
If we receive adverse comments, we will publish a document that
withdraws the final rule and informs the public that the rule will not
take effect. Any adverse comments we have received will then be
addressed in a subsequent final rule. We will not institute a second
comment period on this action, so parties interested in commenting
should do so at this time.
II. Why Is Collin County, Texas, Designated as a Lead Nonattainment
Area?
The Gould National Battery, Incorporated (GNB) smelter, is located
in Collin County, Texas, just southwest of the town of Frisco. It
produces lead from spent lead-acid batteries and other lead bearing
scrap. Dallas, Fort Worth, and Denton, Texas, are all located within 50
kilometers of the GNB facility. The facility currently produces 4.27
tons per year of lead emissions.
Since 1981, lead emissions from the GNB facility have been
monitored continuously. Violations of the quarterly arithmetic average
of 1.5 micrograms per cubic meter (ug/m3) NAAQS for lead
were recorded in 1985, 1989, and 1990. Notices of violation were issued
by the State to the GNB facility, with requirements to implement
certain controls.
On November 6, 1991, pursuant to section 107(d)(5) of the Act, we
published the notice of nonattainment designation in the Federal
Register (57 FR 56694) for the portion of Collin County which
encompasses the plant boundaries of the GNB facility. The effective
date of the nonattainment designation was January 6, 1992.
III. What Has the State Done To Address Its Lead Issue in Collin
County?
For States with areas designated to nonattainment for lead, a State
Implementation Plan (SIP) must be developed, pursuant to sections
110(a)(2) and 172(c) of the Act, to show how the area will be brought
into attainment. Texas was required to submit a SIP which included the
following to us by July 6, 1993:
1. Provisions to assure that reasonably available control measures
would be implemented; (2) a demonstration (including air quality
modeling) that the SIP would provide for attainment as expeditiously as
practicable, but no later than January 6, 1997;
[[Page 55422]]
(3) a demonstration that reasonable further progress (RFP) would be
made toward attainment by January 6, 1997; (4) a permit program for the
construction and operation of new and modified major stationary
sources; and (5) contingency measures, which would become effective
without further action by the State or EPA, upon a determination by us
that the area failed to achieve RFP or to attain the lead NAAQS by the
applicable statutory deadline. For more information on the planning
requirements associated with the nonattainment designation, see section
172(c)(9) of the Act and 57 FR 13498-13569 (April 16, 1992).
Texas held a public hearing on April 21, 1993, to entertain public
comment on the lead SIP for Collin County. Following the public
hearing, the SIP was adopted by the State and signed by the Governor on
July 2, 1993, and submitted to us on July 6, 1993, as a proposed
revision to the SIP.
We reviewed this SIP, and found that it contained all the
provisions necessary for approval. We approved the Collin County lead
SIP on November 29, 1994 (59 FR 60905).
IV. What Steps Must Texas Take To Change the Designation of Collin
County From Nonattainment to Attainment for Lead?
According to section 107(d)(3)(E) of the Act, TNRCC must submit to
us a revision to the lead SIP that contains the following five
elements: (1) a demonstration that the area has attained the lead
NAAQS; (2) a demonstration that the Collin County lead SIP is fully
approved; (3) a demonstration that the area is in compliance with all
other aspects of the Act; (4) there must be permanent and enforceable
improvements in air quality in the area; and, (5) there must be a
demonstration that the area will remain in compliance with the lead
NAAQS. These five elements were submitted to us in a revision to the
SIP, dated August 31, 1999. We have reviewed each element, and our
evaluation of each is discussed below.
V. Does Collin County Now Meet the National Ambient Air Quality
Standard (NAAQS) for Lead?
As mentioned previously, the NAAQS for lead is a quarterly
arithmetic average of 1.5 ug/m3. We require eight
consecutive quarters, or two calendar years, of air quality monitoring
data showing attainment to justify a redesignation to attainment. The
TNRCC submitted data from the three lead monitors at GNB for the years
1995-1998. The highest quarterly average recorded during this four-year
period was 0.70 ug/m3. We have reviewed the air quality data
and have determined that it is adequate to demonstrate attainment of
the lead NAAQS. The specific ambient lead values recorded at the GNB
site are included in the official file for this action, and can also be
reviewed at our Aerometric Information Retrieval System website,
located at http://www.epa.gov./airsdata/monitors.htm.
VI. Has Texas Met All Its Regulatory Requirements in Collin County?
The regulatory requirements for Collin County include: (1) having a
fully approved lead attainment SIP as described under section 110(k) of
the Act; (2) that an area must have met all the applicable requirements
of section 110(a)(2) of the Act; and (3) that all requirements under
part D of the Act have been met.
Section 110(k) of the Act outlines our responsibilities and
establishes our timeframes for reviewing SIP submittals. Section
110(a)(2) of the Act delineates those general elements that must be
included in any SIP submittal in order for us to consider it complete
and approvable. The criteria listed ensures a State or Tribal agency's
ability to properly implement a given control strategy. Examples of
these general elements include, but are not limited to, such things as
proof of statutory authority, enforceable emission limits, monitoring,
reporting, and recordkeeping mechanisms. Part D of the Act lists
additional requirements that are necessary in SIPs for nonattainment
areas, and establishes additional guidelines for us to use when we
review these SIPs. Subpart 1 of part D contains information on
nonattainment area plans in general; Subpart 5 contains additional
provisions related to lead nonattainment areas, particularly the
deadlines for SIP submissions, and the associated attainment dates.
As we discussed previously, we reviewed the Collin County lead SIP
and approved it, in accordance with sections 110 and part D of the Act,
on November 29, 1994 (59 FR 60905).
VII. Has There Been an Improvement in Air Quality in Collin County?
A State must be able to reasonably attribute the improvement in air
quality to permanent and enforceable emission reductions. The
implementation of reasonably available control measures by the GNB
facility provides enforceable and permanent emission reductions needed
to attain and maintain the lead NAAQS. These control measures are
contained in permits R-1147A and R-5466D, issued to GNB in 1990, and
amended to incorporate the provisions of Board Orders 92-09(k) and 93-
12, issued to GNB in 1992 and 1993, respectively.
The control measures contained in permits R-1147A and R-5466D
include process controls such as additional vent hoods, ductwork, an
additional baghouse, and enclosed process and storage areas. Fugitive
controls include paved roads, planted vegetation, and increased
maintenance and cleanup procedures. The specifics of the control
measures are discussed in the technical support document, included in
the official file for this action.
The TNRCC will maintain the permanence of these conditions through
enforcement of these permits, and GNB's compliance with the National
Emission Standards for Hazardous Air Pollutants From Secondary Lead
Smelters. Copies of permits R-1147A and R-5466D, which include the
provisions of Board Orders 92-09(k) and 93-12, can be found in the
official file for this action. We have concluded that the improvement
in the air quality in Collin County, Texas, is permanent and
enforceable.
VIII. Has the State Demonstrated That It Can Maintain Its
Compliance With the Lead NAAQS in the Future?
Section 175(A) of the Act requires States that submit a
redesignation request to include a maintenance plan to ensure that the
attainment of NAAQS for any pollutant is maintained. This maintenance
plan must demonstrate continued attainment of the applicable NAAQS for
at least ten years after the approval of a redesignation to attainment.
Eight years after the redesignation, States must submit a revised
maintenance plan demonstrating attainment for the ten years following
the initial ten year period. To provide for the possibility of future
NAAQS violations, the maintenance plan must also contain such
contingency measures as we deem necessary to assure that a State will
promptly correct any violation of the NAAQS that occurs after
redesignation.
The TNRCC demonstrated to us that the lead maintenance plan being
approved in this action is adequate to maintain compliance with the
lead NAAQS for at least ten years. The current annual emission rate of
4.27 tons per year was modeled in 1993 to show compliance with the lead
NAAQS. Air quality data collected at the GNB facility since that time
confirms that continued compliance with the lead NAAQS can reasonably
be expected,
[[Page 55423]]
given the permitted annual lead emission rate of 4.27 tons per year.
The control measures and lead emission limits included in the
maintenance plan have been implemented and permitted at the GNB
facility, and we expect these conditions to provide for the continued
attainment of the lead NAAQS in Collin County. We therefore agree that
the maintenance plan satisfies the requirement of section 175(A) of the
Act to show maintenance of the lead NAAQS.
Section 175A of the Act also requires each maintenance plan to
include contingency measures to be implemented should a future
violation of the lead NAAQS occur. The maintenance plan identifies the
future conditions upon which contingency measures would be triggered
for implementation, and identifies four possible measures to be
evaluated for implementation.
The future conditions that would trigger the implementation of one
or more contingency measures are: (1) a violation of the 1.5 ug/
m3 quarterly average lead NAAQS, or (2) an increase in the
4.27 tons per year annual lead emission rate, unless the increase has
been authorized through an approved permit modification, or new air
dispersion modeling shows continued compliance with the lead NAAQS.
The following contingency measures have been submitted: (1) a new
wheel-washing facility will be installed to reduce tracking in the yard
area--estimated annual lead reduction is 27 pounds per year; (2)
installation of a scale and automatic tuyere punching device at the
blast furnace, to increase feed and flux control--estimated annual lead
reduction is 30 pounds per year; and (3) any alternative measure
proposed by GNB that gains lead reductions equivalent to those listed
above. Any alternative must be approved by the TNRCC prior to
implementation.
The schedule for implementation of a selected contingency measure
is 30 days for notification to TNRCC that a trigger has been reached,
an additional 60 days for selection of the appropriate contingency
measure, and an additional 180 days for GNB to complete implementation.
The TNRCC has the legal authority to implement its lead program in
Collin County, Texas, and to enforce those conditions imposed on GNB by
permits R-1147A and R-5466D. We find that both the redesignation
request and the maintenance plan submitted by TNRCC meet the
requirements the Act and follow our guidance on the preparation of such
requests.
IX. Administrative Requirements
A. Executive Order (E.O.) 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from E.O. 12866, entitled ``Regulatory Planning and
Review.''
B. Executive Order 12875
Under E.O. 12875, EPA may not issue a regulation that is not
required by statute and that creates a mandate upon a State, local or
tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments, or EPA consults with those governments. If EPA complies by
consulting, E.O. 12875 requires EPA to provide to the OMB a description
of the extent of EPA's prior consultation with representatives of
affected State, local and tribal governments, the nature of their
concerns, copies of any written communications from the governments,
and a statement supporting the need to issue the regulation. In
addition, E.O. 12875 requires EPA to develop an effective process
permitting elected officials and other representatives of State, local
and tribal governments ``to provide meaningful and timely input in the
development of regulatory proposals containing significant unfunded
mandates.''
Today's rule does not create a mandate on State, local, or tribal
governments. The rule does not impose any enforceable rules on any of
these entities. This action does not create any new requirements but
simply approves requirements that the State is already imposing.
Accordingly, the requirements of section 1(a) of E.O. 12875 do not
apply to this rule.
C. Executive Order 13045
Executive Order 13045, entitled ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), applies to any rule that: (1) is determined to be ``economically
significant'' as defined under E.O. 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
The EPA interprets E.O. 13045 as applying only to those regulatory
actions that are based on health or safety risks, such that the
analysis required under section 5-501 of the Order has the potential to
influence the regulation. This final rule is not subject to E.O. 13045
because it approves a State program.
D. Executive Order 13084
Under E.O. 13084, EPA may not issue a regulation that is not
required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies by consulting, E.O. 13084 requires EPA to
provide to the OMB, in a separately identified section of the preamble
to the rule, a description of the extent of EPA's prior consultation
with representatives of affected tribal governments, a summary of the
nature of their concerns, and a statement supporting the need to issue
the regulation. In addition, E.O. 13084 requires EPA to develop an
effective process permitting elected officials and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.''
Today's rule does not significantly or uniquely affect the
communities of Indian tribal governments. This action does not involve
or impose any requirements that affect Indian tribes. Accordingly, the
requirements of section 3(b) of E.O. 13084 do not apply to this rule.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act, 5 U.S.C. 600 et seq., generally
requires an agency to conduct a regulatory flexibility analysis of any
rule subject to notice and comment rulemaking requirements unless the
agency certifies that the rule will not have a significant economic
impact on a substantial number of small entities. Small entities
include small businesses, small not-for-profit enterprises, and small
governmental jurisdictions. This final rule will not have a significant
impact on a substantial number of small entities because approvals
under section 111 of the Act do not create any new requirements but
simply approve requirements that the State is already imposing.
Therefore, because the Federal SIP approval does not create any new
requirements, I certify that this action will not have a significant
[[Page 55424]]
economic impact on a substantial number of small entities. Moreover,
due to the nature of the Federal-State relationship under the Act,
preparation of a flexibility analysis would constitute Federal inquiry
into the economic reasonableness of state action. The Act forbids EPA
to base its actions concerning SIPs on such grounds. See Union Electric
Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
F. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995,
signed into law on March 22, 1995, EPA must prepare a budgetary impact
statement to accompany any proposed or final rule that includes a
Federal mandate that may result in estimated annual costs to State,
local, or tribal governments in the aggregate; or to private sector, of
$100 million or more. Under section 205, EPA must select the most cost-
effective and least burdensome alternative that achieves the objectives
of the rule and is consistent with statutory requirements. Section 203
requires EPA to establish a plan for informing and advising any small
governments that may be significantly or uniquely impacted by the rule.
The EPA has determined that the approval action promulgated does
not include a Federal mandate that may result in estimated annual costs
of $100 million or more to either State, local, or tribal governments
in the aggregate, or to the private sector. This Federal action
approves pre-existing requirements under State or local law, and
imposes no new requirements. Accordingly, no additional costs to State,
local, or tribal governments, or to the private sector, result from
this action.
G. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule can
not take effect until 60 days after it is published in the Federal
Register. This action is not a ``major'' rule as defined by 5 U.S.C.
804(2). This rule will be effective December 13, 1999.
H. Petitions for Judicial Review
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 13, 1999. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. See section 307(b)(2).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental regulations, Lead, Reporting and
recordkeeping requirements.
40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
Dated: September 24, 1999.
Pamela Phillips,
Acting Regional Administrator, Region 6.
40 CFR parts 52 and 81 are amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart SS--Texas
2. Section 52.2270 is amended by revising paragraph (b)(1); adding
paragraph (d), and adding a new entry to the end of the table in
paragraph (e) to read as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to December
31, 1998, were approved for incorporation by reference by the Director
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Material is incorporated as it exists on the date of the
approval, and notice of any change in the material will be published in
the Federal Register. Entries in paragraphs (c) and (d) of this section
with EPA approval dates after December 31, 1998, will be incorporated
by reference in the next update to the SIP compilation.
* * * * *
(d) EPA-Approved State Source-Specific Requirements.
EPA-Approved Texas Source-Specific Requirements
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Permit or Order State Effective
Name of Source Number Date EPA Approval Date Comments
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Gould National Battery, Order Nos. 92- 9/3/92, 6/2/93, 7/ 11/29/94, 11/29/ 92-09(k) and 93-12
Incorporated. 09(k), 93-12, 99- 8/99, 94, October 13, were incorporated
0351-SIP. respectively. 1999, by reference in
respectively. our approval of
the lead SIP on
11/29/94, (59 FR
60905).
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(e) * * *
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EPA-Approved Nonregulatory Provisions and Quasi-regulatory Measures in the Texas SIP
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Applicable
Name of SIP Provision geographic or State Submittal/ EPA Approval Date Comments
nonattainment area Effective Date
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Lead Maintenance Plan for Gould Collin County...... 08/31/99.......... October 13, 1999 Ref. 59 FR 60905
National Battery, Incorporated. and 64 FR 55425. (11/29/94).
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PART 81--[AMENDED]
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
2. In Section 81.344, the lead table is amended by revising the
entry for the Collin County Area to read as follows:
Sec. 81.344 Texas.
* * * * *
Texas--Lead
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Designation Classification
Designated Area ------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
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Collin County (all).............. [December 13, 1999]...... Attainment.............. ........... ...........
* * * * * *
*
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\1\ This date is November 15, 1990, unless otherwise noted.
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[FR Doc. 99-26329 Filed 10-12-99; 8:45 am]
BILLING CODE 6560-50-P
