[Federal Register Volume 60, Number 4 (Friday, January 6, 1995)]
[Rules and Regulations]
[Pages 2026-2029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-284]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[AL 38-1-6571a; FRL-5123-8]
Clean Air Act Approval and Promulgation of Redesignation of the
Leeds Area of Jefferson County, Alabama, to Attainment for Lead
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving the State Implementation Plan (SIP) submitted
by the State of Alabama through the Alabama Department of Environmental
Management (ADEM) for the purpose of redesignating the Leeds area of
Jefferson County from nonattainment to attainment status for the
National Ambient Air Quality Standard (NAAQS) for lead. The maintenance
plan was submitted by the State to satisfy the federal requirements
necessary to redesignate an area from nonattainment to attainment.
DATES: This final rule is effective on March 7, 1995 unless adverse or
critical comments are received by February 6, 1995. If the effective
date is delayed, timely notice will be published in the Federal
Register.
ADDRESSES: Comments may be mailed to Kimberly Bingham at the EPA Region
4 address listed. Copies of the material submitted by ADEM may be
examined during normal business hours at the following locations:
Air and Radiation Docket and Information Center (Air Docket 6102), U.S.
Environmental Protection Agency, 401 M Street, SW., Washington, DC
20460.
Environmental Protection Agency, Region 4 Air Programs Branch, 345
Courtland Street, Atlanta, Georgia 30365.
Alabama Department of Environmental Management, Office of General
Counsel, 1751 Cong. W. L. Dickinson Drive, Montgomery, Alabama 36130.
FOR FURTHER INFORMATION CONTACT: Kimberly Bingham, Regulatory Planning
and Development Section, Air Programs Branch, Air Pesticides and Toxics
Management Division, Region 4 Environmental Protection Agency, 345
Courtland Street, NE., Atlanta, Georgia 30365. The telephone number is
(404) 347-3555 extension 4195.
SUPPLEMENTARY INFORMATION: On January 6, 1992, the Leeds area of
Jefferson County was designated nonattainment for lead. Since then the
major source of lead emissions in the area, a facility operated by
International Lead Company (ILCO) has permanently closed, and
monitoring data from the area demonstrates that the area has attained
the NAAQS for lead. Section 107(d)(3)(E) of the Clean Air Act (CAA)
permits nonattainment areas that have attained the lead NAAQS to be
redesignated attainment provided certain criteria are met.
Consequently, the State of Alabama submitted a request to redesignate
the Leeds area to attainment on July 16, 1993.
Section 107(d)(3)(E) of the CAA, as amended in 1990, sets forth the
requirements that must be met for a nonattainment area to be
redesignated to attainment. It states that an area can be
[[Page 2027]] redesignated to attainment if the following conditions
are met.
1. The EPA has determined that the NAAQS for lead has been
attained.
2. The applicable implementation plan has been fully approved by
EPA under section 110(k).
3. The EPA has determined that the improvement in air quality is
due to permanent and enforceable reductions in emissions.
4. The State has met all applicable requirements for the area under
section 110 and part D.
5. The EPA has fully approved a maintenance plan, including a
contingency plan, for the area under section 175A.
On March 3, 1992, ILCO, the source of emissions that led to the
lead nonattainment designation for the Leeds area, was permanently shut
down and dismantled. On May 3, 1993, the State of Alabama through ADEM
submitted a request to redesignate the Leeds area of Jefferson County
from nonattainment to attainment status for lead. Because the May 3,
1993, submittal was not complete and it did not adequately address all
of the requirements, EPA recommended that the request be withdrawn and
a complete SIP package be submitted. On December 8, 1993, in a letter
from Mr. James W. Warr to Mr. Patrick Tobin, ADEM withdrew the May 3,
1993, package. A second submittal dated July 16, 1993, was received by
EPA, along with a request for parallel processing. The request for
parallel processing was based upon the fact that the maintenance plan
did not become state effective until after the public hearing, August
18, 1993. The State did not receive any adverse comments during the
public hearing or the 30 day comment period.
On September 28, 1993, the effective SIP revisions were submitted
by ADEM revising the request to redesignate the Leeds area of Jefferson
County from nonattainment to attainment for lead. A letter of
completeness was mailed on October 7, 1993, to Mr. Richard E. Grusnick
from Mr. Winston A. Smith for the revised submittal. The State of
Alabama redesignation request for the Leeds area of Jefferson County
meets the requirements of Section 107(d)(3)(E). The following is a
description of how each requirement has been achieved.
1. Attainment of the Lead NAAQS
To demonstrate that the Leeds area is in attainment with the NAAQS
for lead, ADEM included air quality data for the years 1991-1993 in the
submittal. No exceedances of the lead standard have occurred since the
ILCO shutdown on March 6, 1992. This amount of monitoring data (more
than 11 consecutive quarters at the present time) without an exceedance
of the lead standard is adequate to demonstrate attainment of the
standard. Modeling is also required to redesignate an area to
attainment. The EPA believes that the EPA approved 1988 SIP, which
included a modeling analysis which satisfies this requirement. The
State of Alabama will continue to monitor the air quality of the Leeds
area to verify attainment status and continued maintenance.
2. The Area Has Met All Applicable Requirements Under Section 110
and Part D of the CAA
To be redesignated to attainment, section 107(d)(3)(E) requires
that an area must have met all applicable requirements of section 110
of part D of title I of the CAA. EPA interprets section 107(d)(3)(E)(v)
to mean that for a redesignation request to be approved, the State must
have met all requirements that applied to the subject area prior to or
at the time of a complete redesignation request. Requirements of the
CAA that come due subsequently continue to be applicable to the area at
those later dates (see section 175A(c)) and, if the redesignation is
disapproved, the State remains obligated to fulfill those requirements.
Therefore, for purposes of redesignation, to meet the requirement that
the SIP meet all applicable requirements under the CAA, EPA has
reviewed the Leeds SIP to ensure that it satisfies all requirements due
under the CAA prior to or at the time the State of Alabama submitted
its redesignation request (i.e., July 16, 1993).
A. Section 110 Requirements
On October 28, 1988, EPA fully approved Alabama's SIP for the Leeds
area of Jefferson County as meeting the requirements of section 110 of
the 1977 CAA (see 52 FR 47686). Although section 110 was amended by the
Clean Air Act Amendments (CAAA) of 1990, EPA has reviewed the Leeds SIP
and believes that it meets the requirements of the section 110(a)(2).
B. Part D Requirements
Before a lead nonattainment area may be redesignated to attainment,
the State must have fulfilled the applicable requirements of part D.
Subpart 1 of part D establishes the general requirements applicable to
all nonattainment areas and subpart 5 of part D establishes certain
requirements applicable to lead nonattainment areas. Section 191(a)
required the submission of nonattainment SIPs meeting the requirements
of part D for areas designated nonattainment for lead after the 1990
CAAA, such as Leeds, within 18 months of the designation. As Leeds was
designated nonattainment on January 6, 1992, its part D SIP was due on
July 6, 1993, a date preceding the submission of the complete
redesignation request for the area. Thus, to be redesignated, the Leeds
area SIP must satisfy the requirements of part D applicable to lead
nonattainment areas. These requirements include section 192(a)'s
requirement that the SIP provide for attainment as expeditiously as
practicable but no later than 5 years from the date of the
nonattainment designation and the requirements of section 172(c). The
EPA has reviewed the SIP submission from the State of Alabama and
determined that it meets all of the relevant requirements.
The requirements of sections 172(c) and 192(a) for providing for
attainment of the lead NAAQS, and the requirements of section 172(c)
for requiring reasonable further progress (RFP), and the imposition of
reasonably available control measures (RACM) have been satisfied
through the permanent closure of the ILCO facility and the
demonstration that the area is now attaining the standard. The EPA
notes that the ILCO facility has been dismantled and its permit
revoked. Moreover, section 172(c)(9) contingency measures are not
required as the area is attaining the standard. See General Preamble
for the Implementation of Title I, 57 FR 13498, 13564 (April 16, 1992).
The State of Alabama has submitted an emissions inventory for 1992
that fulfills the emissions inventory requirements of section
172(c)(3). Consequently, that requirement has been satisfied.
With respect to the requirement that an area seeking redesignation
must have submitted and received full approval of a part D New Source
Review (NSR) program required by section 172(c)(5), EPA has determined
that, if an area seeking redesignation demonstrates maintenance of the
standard without a part D NSR program, such a program need not be
adopted and approved in order for the area to be redesignated. (See the
memorandum from Mary Nichols, Assistant Administrator for Air and
Radiation to Air Division Directors, October 14, 1994). As the State of
Alabama has demonstrated that the Leeds area will maintain the lead
standard with a part C PSD program, rather than a part D NSR program,
in place, the requirement for having a fully approved part D NSR
program need not [[Page 2028]] be fulfilled for the Leeds area to be
redesignated to attainment.
3. Permanent and Enforceable Improvement in Air Quality
ADEM provided a copy of the revoked air permit dated March 4, 1992,
from the Jefferson County Department of Health, Air Pollution Program,
proving that ILCO, the major source of lead emissions had ceased
operation and was dismantled. Based on 1992 data, ILCO was responsible
for almost 80 percent of the lead emissions for the Leeds nonattainment
area. The total lead emissions identified in the 1992 inventory from
the Leeds area that remained after the ILCO shutdown are 2.63 tons per
year emitted from ACME Packaging. Since the ILCO facility has ceased
operation and has been dismantled, the improvement in air quality
resulting in attainment of the standard is permanent and enforceable.
Monitoring will continue in the Leeds area ensuring that the lead NAAQS
continues to be maintained.
4. Maintenance Plan
Section 175(A) of the CAA requires states that submit a
redesignation request for a nonattainment area under section 107(d) to
include a maintenance plan to ensure that the attainment of NAAQS for
any pollutant is maintained. The 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, the State 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 contain such contingency measures as the
Administrator deems necessary to assure that the State will promptly
correct any violation of the standard that occurs after redesignation.
The contingency provisions are to include a requirement that the State
will implement all measures for controlling the air pollutant concerned
that were contained in the SIP prior to redesignation.
The State of Alabama through ADEM has submitted a maintenance plan
to ensure that the lead NAAQS is protected. The maintenance plan for
the Leeds area of Jefferson County, Alabama is comprised of a base year
emissions inventory, a maintenance demonstration and the part C PSD
program. The EPA believes that this submittal is adequate for the Leeds
area.
The State has demonstrated that the lead standard will be
maintained. The ILCO facility, the only major lead source that existed
in Leeds, has been permanently closed and dismantled. The only
remaining lead emissions source is ACME Packaging, which has emissions
well below the 5 ton per year threshold for being classified as a lead
point source (40 CFR 51.100(k)). Since ACME Packaging is not considered
a point source under EPA's regulations it is not even required to meet
RACM requirements. As previously discussed, the Leeds area has been in
continuous attainment of the lead standard since the closure of the
ILCO facility, and EPA believes, based on the low monitored levels of
lead emissions, which are well below the NAAQS, that the Leeds area
will continue to remain in attainment notwithstanding the existence of
continued emissions from ACME Packaging's facility. The applicability
of the State's fully approved part C PSD program, which establishes
permitting requirements for any new sources with the potential to emit
0.6 tons per year of lead, provides adequate assurance that the NAAQS
will continue to be attained during the maintenance period.
The EPA does not believe any additional contingency measures are
needed. The lead emissions from the ACME Packaging facility are so low
that EPA does not believe it reasonable to expect that they could cause
a violation of the NAAQS. Nevertheless, monitoring of the Leeds area
will continue and appropriate actions could be taken in the event of a
violation of the standard.
With respect to the requirement of section 175A that the
contingency provisions of a maintenance plan include all control
measures previously contained in the SIP, EPA believes that the
requirement is satisfied in this instance even though the State is not
carrying forward as contingency measures the source-specific control
requirements previously applicable to the ILCO facility. Carrying
forward those requirements as contingency measures would serve no
useful purpose in light of the permanent closure of that facility and
the revocation of its permit. Moreover, any attempt to reopen a
facility on the same site would be subject to the permitting
requirements of the State's preconstruction review program.
Final Action
In this action, EPA is approving the redesignation of the Leeds
area to attainment for lead and the accompanying SIP revision submitted
by the State of Alabama, because EPA believes that Alabama has
addressed all of the requirements of the CAA and the culpable lead
source has been permanently shut down. This action is being taken
without prior proposal because the changes are noncontroversial and EPA
anticipates no significant comments on them. The public should be
advised that this action will be effective March 7, 1995. However, if
adverse or critical comments are received by February 6, 1995, this
action will be withdrawn and two subsequent documents will be published
before the effective date. One document will withdraw the final action.
The second document will be the final rulemaking notice which will
address the comments received.
Under section 307(b)(1) of the CAA, 42 U.S.C. 7607 (b)(1),
petitions for judicial review of this action must be filed in the
United States Court of Appeals for the appropriate circuit by March 7,
1995. Filing a petition for reconsideration by the Administrator of
this final rule does not affect the finality of this rule for 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) of the CAA, 42 U.S.C. 7607 (b)(2)].
This action has been classified as a Table 2 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989, (54 FR 2214-2225), as revised by an October 4, 1993,
memorandum from Michael Shapiro, Acting Assistant Administrator for Air
and Radiation. A future document will inform the general public of
these tables. On January 6, 1989, the Office of Management and Budget
(OMB) waived Table 2 and 3 SIP revisions (54 FR 2222) from the
requirements of Section 3 of Executive Order 12291 for two years. The
USEPA has submitted a request for a permanent waiver for Table 2 and
Table 3 SIP revisions. The OMB has agreed to continue the temporary
waiver until such time as it rules on EPA's request. This request
continues in effect under Executive Order 12866 which superseded
Executive Order 12291 on September 30, 1993.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit
[[Page 2029]] enterprises, and government entities with jurisdiction
over populations of less than 50,000.
SIP approvals under section 110 and subchapter I, part D of the CAA
do not create any new requirements, but simply approve requirements
that the state is already imposing. Therefore, because the federal SIP-
approval does not impose any new requirements, I certify that it does
not have a significant impact on any small entities affected. Moreover,
due to the nature of the federal-state relationship under the CAA,
preparation of a regulatory flexibility analysis would constitute
federal inquiry into the economic reasonableness of state action. The
CAA forbids EPA to base its actions concerning SIPs on such grounds.
Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976);
42 U.S.C. 7410(a)(2).
Redesignation of an area to attainment under section 107(d)(3)(e)
of the CAA does not impose any new requirements on small entities.
Redesignation is an action that affects the status of a geographical
area and does not impose any regulatory requirements on sources. The
Administrator certifies that the approval of the redesignation request
will not affect a substantial number of small entities.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead.
40 CFR Part 81
Air pollution control.
Dated: December 7, 1994.
Patrick M. Tobin,
Acting Regional Administrator.
Chapter I, title 40 of the Code of Federal Regulations, is amended
as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42.U.S.C. 7401-7671q.
Subpart--B Alabama
2. Section 52.50 is amended by adding paragraph (c)(66) to read as
follows:
Sec. 52.50 Identification of plan.
* * * * *
(c) * * *
(66) The Alabama Department of Environmental Management has
submitted revisions to Alabama SIP on September 28, 1993. These
revisions address the requirements necessary to change the Leeds area
of Jefferson County, Alabama, from nonattainment to attainment for
lead. The submittal includes the maintenance plan for the Leeds Area.
(i) Incorporation by reference.
(A) Plan for Maintenance of the NAAQS for Lead in the Jefferson
County (Leeds) Area after Redesignation to Attainment Status effective
on September 28, 1993.
(ii) Additional information. None.
PART 81--[AMENDED]
1. The authority citation for part 81 continues to read as follows:
Authority: 42.U.S.C. 7401-7671q.
2. Section 81.301 is amended by revising the table for Lead to read
as follows:
Sec. 81.301 Alabama.
* * * * *
Alabama-Lead
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Designation Classification
Designated area -------------------------------------------------------
Date Type Date Type
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Statewide....... March 7, 1995.. Attainment.....
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[FR Doc. 95-284 Filed 1-5-95; 8:45 am]
BILLING CODE 6560-50-P
