[Federal Register Volume 59, Number 228 (Tuesday, November 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29291]
[[Page Unknown]]
[Federal Register: November 29, 1994]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[TX-32-1-6057a; FRL-5093-5]
Clean Air Act Approval and Promulgation of Lead Implementation
Plan for a Portion of Collin County, Texas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA today is approving the State Implementation Plan (SIP)
submitted by the State of Texas for the purpose of bringing about the
attainment of the national ambient air quality standard (NAAQS) for
lead. The SIP was submitted by the State to satisfy certain Federal
requirements for an approvable nonattainment area lead SIP for Collin
County, Texas.
DATES: This final rule is effective on January 30, 1995, unless notice
is received by December 29, 1994 that someone wishes to submit adverse
or critical comments. If the effective date is delayed, timely notice
will be published in the Federal Register (FR).
ADDRESSES: Comments should be mailed to Thomas H. Diggs, Chief, Air
Planning Section (6T-AP), US EPA Region 6, 1445 Ross Avenue, Dallas,
Texas 75202-2733. Copies of the State's petition and other information
relevant to this action are available for inspection during normal
hours at the above location and at the following locations:
U.S. Environmental Protection Agency, Region 6, Air Programs Branch
(6T-A), 1445 Ross Avenue, suite 700, Dallas, TX 75202-2733.
Air and Radiation Docket and Information Center, U.S. Environmental
Protection Agency, 401 M. Street, SW., Washington, DC 20460.
Texas Natural Resource Conservation Commission, Office of Air Quality,
12124 Park 35 Circle, P.O. Box 13087, Austin, TX 78711-3087.
Anyone wishing to review this petition at the US EPA office is
asked to contact the person below to schedule an appointment 24 hours
in advance.
FOR FURTHER INFORMATION CONTACT: Mr. Mick Cote, Planning Section (6T-
AP), Air Programs Branch, U.S. Environmental Protection Agency, Region
6, 1445 Ross Avenue, Dallas, Texas 75202-2733, telephone (214) 665-
7219.
SUPPLEMENTARY INFORMATION:
Background
The air quality planning requirements for lead nonattainment areas
are set out in subparts 1 and 5 of part D of title I of the Act.\1\ The
EPA has issued a ``General Preamble'' describing the EPA's preliminary
views on how the EPA intends to review SIPs and SIP revisions submitted
under Title I of the Act, including those State submittals containing
lead nonattainment area SIP requirements (see generally 57 FR 13498
(April 16, 1992) and 57 FR 18070 (April 28, 1992)). Because the EPA is
describing its interpretations here only in broad terms, the reader
should refer to the General Preamble for a more detailed discussion of
the interpretations of Title I advanced in today's approval and the
supporting rationale (57 FR 13549, April 16, 1992).
---------------------------------------------------------------------------
\1\Subpart 1 contains provisions applicable to nonattainment
areas generally, subpart 5 applies to Sulfur Dioxide, Nitrogen
Oxides, and lead. The EPA has attempted to clarify the relationship
among these provisions in the general preamble as appropriate in
today's notice and supporting documents.
---------------------------------------------------------------------------
Those States with lead nonattainment areas (designated
nonattainment pursuant to section 107(d)(5)) were required to submit,
among other things, the following provisions by July 6, 1993:
1. Provisions to assure that reasonably available control measures
(RACM) (including such reductions in emissions from existing sources in
the area as may be obtained through the adoption, at a minimum, of
reasonably available control technology (RACT)) will be implemented;
2. A demonstration (including air quality modeling) that the plan
will provide for attainment as expeditiously as practicable but no
later than January 6, 1997; and
3. A demonstration that reasonable further progress (RFP) will be
made toward attainment by January 6, 1997;
States with lead nonattainment areas are also required to submit
all other provisions required by part D of title I of the Clean Air Act
including a permit program for the construction and operation of new
and modified major stationary sources; and contingency measures which
become effective without further action by the State or EPA, upon a
determination by the EPA that the area has failed to achieve RFP or to
attain the lead NAAQS by the applicable statutory deadline. See section
172(c)(9) and 57 FR 13498-13569 (April 16, 1992).
The Gould National Battery, Incorporated (GNB) smelter produces
lead from spent lead-acid batteries and other lead bearing scrap. The
GNB plant is located just southwest of Frisco, Texas, and is surrounded
by rural/agricultural land. 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 have been monitored continuously in
Collin County. Violations of the lead National Ambient Air Quality
Standard (NAAQS) were recorded in 1985, 1989, and 1990. Notices of
violation were issued by the State to the GNB facility with
requirements to implement additional controls. The facility has
completed installation of these additional emission controls, as
discussed below.
Analysis of State Submittal
Procedures
The Act requires States to observe certain procedural requirements
in developing implementation plans and plan revisions for submission to
the EPA. Section 110(a)(2) of the Act provides that each implementation
plan submitted by a State must be adopted after reasonable notice and
public hearing.2 Section 110(l) of the Act similarly provides that
each revision to an implementation plan submitted by a State under the
Act must be adopted by such State after reasonable notice and public
hearing.
---------------------------------------------------------------------------
\2\Section 172(c)(7) of the Act requires that plan provisions
for nonattainment areas meet the applicable provisions of section
110(a)(2).
---------------------------------------------------------------------------
The EPA also must determine whether a submittal is complete and
therefore warrants further EPA review and action (see section 110(k)(1)
and 57 FR 13565). The EPA's completeness criteria for SIP submittals
are set out at 40 CFR part 51, appendix V (1991), as amended by 57 FR
42216 (August 26, 1991). The EPA attempts to make completeness
determinations within 60 days of receiving a submission. However, a
submittal is deemed complete by operation of law if a completeness
determination is not made by the EPA six months after receipt of the
submission.
The State of Texas held a public hearing on April 21, 1993, to
entertain public comment on the implementation plan for that portion of
Collin County owned by GNB. Following the public hearing the plan was
adopted by the State and signed by the Governor on July 2, 1993, and
submitted to the EPA on July 6, 1993, as a proposed revision to the
SIP.
The SIP revision was reviewed by the EPA to determine completeness
shortly after its submittal, in accordance with the completeness
criteria set out at 40 CFR part 51, appendix V (1991), as amended by 57
FR 42216 (August 26, 1991). The submittal was found to be complete, and
a letter dated August 23, 1993, was forwarded to the Governor
indicating the completeness of the submittal and the next steps to be
taken in the review process. In today's action, the EPA approves the
Texas lead SIP submittal for that portion of Collin County owned by
GNB.
Emissions Inventory
Section 172(c)(3) of the Act requires that nonattainment plan
provisions include a comprehensive, accurate, current inventory of
actual emissions from all sources of relevant pollutants in the
nonattainment area. The emissions inventory should also include a
comprehensive, accurate, and current inventory of allowable emissions
in the area. Because the submission of such inventories are necessary
to support an area's attainment demonstration, the emissions
inventories must be received with the SIP submission (see 57 FR 13539).
Texas submitted an emissions inventory for base year 1992. The base
year inventory identified the secondary lead smelter owned and operated
by GNB as the sole source of lead emissions during the period where
violations were recorded. As stated previously, the GNB facility
produces 4.27 tons per year of lead emissions.
The EPA is approving the emissions inventory because it generally
appears to be accurate and comprehensive, and provides a sufficient
basis for determining the adequacy of the attainment demonstration for
this area consistent with the requirements of sections 172(c)(3) and
110(a)(2)(K) of the Clean Air Act. For further details, see the
Technical Support Document (TSD).
RACM (Including RACT)
As noted, the lead nonattainment areas must submit provisions to
assure that RACM (including RACT) are implemented (see sections
172(c)(1)). The General Preamble contains a detailed discussion of the
EPA's interpretation of the RACM (including RACT) requirement (see 57
FR 13549-13551, April 16, 1992). Agreed Board Order Number 92-09, dated
October 16, 1992, required certain control measures to be implemented
as part of the settlement of the aforementioned enforcement action
against GNB. Additional measures for the control of fugitive dust,
found in ``Control of Open Fugitive Dust Sources'' (EPA-450/3-88-008
September 1988) were also adopted as part of the SIP. In general, the
control measures adopted include process controls such as additional
vent hoods, ductwork, an additional baghouse, and enclosing certain
process and storage areas. Fugitive controls include paving roads,
planting vegetation, and increasing maintenance and cleanup procedures.
The specifics of the control measures are discussed in the TSD.
The EPA has reviewed the State's explanation and associated
documentation and concluded that it adequately justifies the control
measures to be implemented. It should be noted that both the modeling
study and the ambient monitoring program demonstrate that Collin County
is currently meeting the NAAQS for lead. All control measures have been
fully implemented. By this document, the EPA is approving the control
strategy in its entirety as satisfying RACM (including RACT).
Modeling Demonstration
As noted, the lead nonattainment areas must submit a demonstration
(including air quality modeling) showing that the plan will provide for
attainment as expeditiously as practicable, but no later than January
6, 1997 (see section 192(a) of the Act). The Texas Natural Resource
Conservation Commission conducted an attainment demonstration using the
latest version of Industrial Source Complex 2 (ISCLT2) for five years
of meteorological data (1985-1989) for that portion of Collin County
owned by GNB. The ISCLT2 model was used to predict the maximum
quarterly lead impacts for comparison with the primary and secondary
NAAQS. This demonstration indicates that the NAAQS for lead has not
been exceeded since 1990 in Collin County and will be maintained in
future years. The lead NAAQS is 1.5 micrograms/cubic meter (g/
m\3\) averaged over a calendar quarter. (See 40 CFR 50.12). The
demonstration predicted that the maximum quarterly impact was 0.50
micrograms/cubic meter, thus demonstrating attainment of the lead
NAAQS. The control strategy used to achieve these design concentrations
is summarized in the section titled ``RACM (including RACT)''. For a
more detailed description of the attainment demonstration and the
control strategy used, see the TSD accompanying this notice.
Reasonable Further Progress (RFP)
The lead nonattainment area plan revisions demonstrating attainment
must provide for RFP, as defined in section 171(1). Reasonable further
progress is defined in section 171(1) as such reductions in emissions
of the relevant air pollutant as are required by Part D or may
reasonably be required by the Administrator for the purpose of ensuring
attainment of the applicable NAAQS by the applicable date.
In implementing RFP for this area, the EPA has reviewed the
attainment demonstration and control strategy for the area to determine
whether annual incremental reductions different from those provided in
the SIP should be required in order to ensure attainment of the lead
NAAQS by January 6, 1997 (see section 171(1)). The emission controls
which have been implemented in response to the 1990 NAAQS violation
have resulted in swift improvement in air quality in the nonattainment
area. The air quality monitoring data demonstrates this improvement in
air quality with no exceedances since 1990. The compliance schedule
associated with this SIP revision required the necessary controls to be
implemented by the end of calendar year 1993, and this compliance
schedule was submitted by the State and has been met.
Enforceability
All measures and other elements in the SIP must be enforceable by
the State and EPA (see sections 172(c)(6), 110(a)(2)(A) and 57 FR
13556). The EPA criteria addressing the enforceability of SIPs and SIP
revisions were stated in a September 23, 1987, memorandum (with
attachments) from J. Craig Potter, Assistant Administrator for Air and
Radiation, et al. (see 57 FR 13541). Nonattainment area plan provisions
must also contain a program that provides for enforcement of the
control measures and other elements in the SIP (see section
110(a)(2)(C)).
The State of Texas has the legal authority necessary to implement
and enforce this control strategy for lead under the federally approved
provisions of the Texas Clean Air Act (Section 382.012, State Air
Control Plan, and Section 382.017, Rules).
Contingency Measures
As provided in section 172(c)(9) of the Act, all nonattainment area
SIPs that demonstrate attainment must include contingency measures.
Contingency measures should consist of additional available measures
that are not part of the area's control strategy. These measures must
take effect without further action by the State or EPA, upon a
determination by EPA that the area has failed to make RFP or attain the
lead NAAQS by the applicable attainment date. The Texas lead SIP
contains the following three contingency measures: secondary collection
systems will be installed; process areas will be fully enclosed and
placed under negative pressure; and operating and maintenance
procedures will be improved. The SIP provides that each of these
measures shall take effect after notification by the State that GNB has
failed to achieve RFP or failed to attain the NAAQS by the applicable
attainment date. After reviewing the contingency measures described
above, the EPA is approving the GNB contingency measures.
Final Action
The EPA has evaluated the State's submittal for consistency with
the Clean Air Act, EPA regulations, and EPA policy. The EPA has
determined that the rules submitted by the State meet the Clean Air
Act's requirements and today is approving under section 110(k)(3) of
the above mentioned rules.
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in a separate document in this Federal
Register publication, the EPA is proposing to approve this SIP revision
should adverse comments be received. This action will become effective
on January 30, 1995, unless notice is received by December 29, 1994
that someone wishes to submit adverse or critical comments.
If such notice is received, this action will be withdrawn before
the effective date by publishing two subsequent documents. One document
will withdraw the final action, and another final action will be
published addressing any adverse comments. If no such adverse comments
are received, the public is advised that this action will be effective
on January 30, 1995.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to the SIP shall be
considered separately in light of specific technical, economical, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
Regulatory Process
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., the 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, under 5 U.S.C. 605(b), the EPA may certify that the rule
will not have a significant impact on a substantial number of small
entities (see 46 FR 8709). Small entities include small businesses,
small not-for-profit enterprises, and government entities with
jurisdiction over a population 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 the EPA to base its actions concerning SIPs on such grounds
(Union Electric Co. v. U.S. EPA, 427 U.S. 246, 256-66 (1976); 42 U.S.C.
7410(a)(2)).
Executive Order 12866
This action has been classified as a table two 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 H. Shapiro, Acting Assistant
Administrator for Air and Radiation. The Office of Management and
Budget has exempted this regulatory action from Executive Order 12866
review.
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by January 30, 1995. 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 in later proceedings
to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental regulations, Lead,
Reporting and recordkeeping, Ozone, Volatile organic compounds.
Jane N. Saginaw,
Regional Administrator.
40 CFR part 52 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 SS--Texas
2. Section 52.2270 is amended by adding paragraph (c)(89) to read
as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(c) * * *
(89) A revision to the Texas State Implementation Plan to adopt an
attainment demonstration control strategy for lead which addresses that
portion of Collin County owned by GNB.
(i) Incorporation by reference.
(A) Texas Air Control Board Order Number 92-09 issued and effective
October 16, 1992, for settlement of the enforcement action against the
GNB facility at Frisco, Texas.
(B) Texas Air Control Board Order Number 93-10 issued and effective
June 18, 1993, for control of lead emissions from the GNB facility at
Frisco, Texas.
(C) Texas Air Control Board Order Number 93-12 issued and effective
June 18, 1993, establishing contingency measures relating to the GNB
facility at Frisco, Texas.
(ii) Additional material.
(A) The lead attainment demonstration prepared by the State, dated
July 1993.
* * * * *
[FR Doc. 94-29291 Filed 11-28-94; 8:45 am]
BILLING CODE 6560-50-P
