99-17338. Implementation Plan and Redesignation Request for the Williamson County, Tennessee Lead Nonattainment Area  

  • [Federal Register Volume 64, Number 132 (Monday, July 12, 1999)]
    [Rules and Regulations]
    [Pages 37406-37411]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-17338]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Parts 52 and 81
    
    [TN-217-1-9920a; FRL-6373-9]
    
    
    Implementation Plan and Redesignation Request for the Williamson 
    County, Tennessee Lead Nonattainment Area
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Direct final rule.
    
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    SUMMARY: EPA is simultaneously approving the lead state implementation 
    plan (SIP) and redesignation request for the Williamson County, 
    Tennessee, lead nonattainment area. Both plans, dated May 12, 1999, 
    were submitted by the State of Tennessee for the purpose of 
    demonstrating that the Williamson County area has attained the lead 
    national ambient air quality standard (NAAQS).
    
    DATES: This direct final rule is effective September 10, 1999 without 
    further notice, unless EPA receives adverse
    
    [[Page 37407]]
    
    comment by August 11, 1999. If adverse comment is received, EPA will 
    publish a timely withdrawal of the direct final rule in the Federal 
    Register and inform the public that the rule will not take effect.
    
    ADDRESSES: Comments may be mailed to Kimberly Bingham at the EPA Region 
    4 address listed below. Copies of the material submitted by the 
    Tennessee Department of Environment and Conservation (TDEC) 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 Planning Branch, Atlanta 
    Federal Center, 61 Forsyth Street, SW, Atlanta, Georgia 30303-3104
    Tennessee Air Pollution Control Board, 9th Floor, L&C Annex, 401 Church 
    Street, Nashville, Tennessee 37243-1531.
    
    FOR FURTHER INFORMATION CONTACT: Kimberly Bingham, Regulatory Planning 
    Section, Air Planning Branch, Air, Pesticides and Toxics Management 
    Division, Region 4, Environmental Protection Agency, Atlanta Federal 
    Center, 61 Forsyth Street, SW, Atlanta, Georgia 30303. The telephone 
    number is (404) 562-9038.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background--Lead SIP
    
        Section 107(d)(5) of the Clean Air Act as amended in 1990 (CAA) 
    provides for areas to be designated as attainment, nonattainment, or 
    unclassifiable with respect to the lead NAAQS. Governors are required 
    to submit recommended designations for areas within their states. When 
    an area is designated nonattainment, the state must prepare and submit 
    a SIP pursuant to sections 110(a)(2) and 172(c) of the CAA 
    demonstrating how the area will be brought into attainment.
        On January 6, 1992, EPA designated the portion of Williamson County 
    around the General Smelting and Refining, (GSR) Inc. (now Metalico-
    College Grove, Inc.) lead smelter as a nonattainment area for lead. 
    This nonattainment designation was based on lead NAAQS violations 
    recorded by monitors located near the GSR facility during the fourth 
    quarter of 1990 and the second quarter of 1991.
        On July 2, 1993, the State of Tennessee through the Tennessee 
    Department of Environment and Conservation (TDEC) submitted a SIP for 
    attaining the lead NAAQS in the Williamson County lead nonattainment 
    area. EPA found the SIP to be inadequate because it did not meet all of 
    the requirements of section 172(c) of the CAA and requested that TDEC 
    make the necessary corrections and submit supplemental information to 
    address the deficiencies.
        On June 23, 1995, EPA promulgated the national emission standards 
    for hazardous air pollutants (NESHAP) for secondary lead smelters. 
    Because the existing GSR facility could not meet the new NESHAP 
    requirements without extensive modifications, the company elected to 
    build an entirely new lead smelter designed to meet the new NESHAP 
    regulations. Subsequently, on January 16, 1997, TDEC issued a 
    construction permit to GSR, Inc.
        In late 1997, the facility was sold and renamed Metalico-College 
    Grove, (MCG) Inc. The new owner proposed changes to the facility's 
    design and submitted a new permit application to TDEC on July 13, 1998, 
    reflecting those changes. At that point, TDEC had begun developing a 
    new lead SIP and redesignation request based on the GSR, Inc. facility. 
    TDEC elected to submit a lead SIP and redesignation request dated 
    September 11, 1998, based on the GSR facility, while acknowledging that 
    a new lead SIP would be necessary to accommodate the new MCG, Inc. 
    smelter, as reflected by the July 13, 1998, permit application.
        On December 22, 1998, the old facility was completely shutdown, and 
    the new smelter began operation. As a result, TDEC developed a new lead 
    SIP and redesignation request dated May 12, 1999, based on the new MCG, 
    Inc. lead smelter. Further, TDEC withdrew both the 1993 and 1998 lead 
    SIPs and replaced them with the new lead SIP submittal and 
    redesignation request.
    
    II. Analysis of the State Submittal
    
        The 1999 SIP revision was reviewed using the criteria established 
    by the CAA in section 110(a)(2). Section 172(c) of the CAA specifies 
    the provisions applicable to areas designated as nonattainment for any 
    of the NAAQS. EPA has also issued a General Preamble describing how EPA 
    will review SIPs and SIP revisions submitted under Title I of the CAA, 
    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).
    
    A. Attainment Demonstration
    
        Section 192(a) of the CAA requires that SIPs must provide for 
    attainment of the lead NAAQS as expeditiously as practicable but not 
    later than five years from the date of an area's nonattainment 
    designation. The lead nonattainment designation for the Williamson 
    County area was effective on January 6, 1992; therefore, the latest 
    attainment date permissible by statute would be January 6, 1997. The 
    Williamson County area has air quality data showing attainment of the 
    lead NAAQS for the years 1996 through 1998 and to date for 1999.
        To demonstrate that the area will continue to be in attainment with 
    the lead NAAQS, emission limits were set through the application of 
    reasonable achievable control technologies (RACT) and workplace 
    standards at the MCG facility. The emission limits were evaluated using 
    air dispersion modeling. This modeling predicts the impact of emissions 
    on the environment surrounding the facility and whether or not the area 
    will attain the lead NAAQS. The modeling demonstration submitted by 
    TDEC for the MCG facility shows a predicted maximum quarterly ambient 
    air lead concentration of 0.218 micrograms per cubic meter (g/
    m\3\) which is well below the NAAQS for lead of 1.5 g/m\3\.
    
    B. Emissions Inventory
    
        Section 172(c)(3) of the CAA requires that nonattainment plan 
    provisions include a comprehensive, accurate, current inventory of 
    actual emissions from all sources of relevant pollutants in the 
    nonattainment area. Because it is necessary to support an area's 
    attainment demonstration, the emission inventory must be included with 
    the SIP submission.
        TDEC submitted an emissions inventory for the base year 1998. The 
    inventory identifies the secondary lead smelter owned and operated by 
    MCG as the sole major source of lead emissions in the Williamson County 
    area when violations were recorded. The EPA is approving the emissions 
    inventory because it is accurate and comprehensive, and provides a 
    sufficient basis for determining the adequacy of the attainment 
    demonstration for this area consistent with the requirements of the 
    CAA.
    
    C. Reasonably Available Control Measures (RACM) (Including Reasonably 
    Available Control Technology (RACT))
    
        States with lead nonattainment areas must submit provisions to 
    assure that RACM (including RACT) are
    
    [[Page 37408]]
    
    implemented (see section 172(c)(1)). All smelting processes at the MCG 
    facility are enclosed in a single concrete and steel building, and the 
    building is kept under negative pressure. Baghouses at the facility 
    control emissions from the blast and reverberatory furnaces and 
    associated process equipment. Other than the flues for the indirect 
    fired refining kettles, which contain natural gas combustion products 
    and no lead emissions, the exhausts of the two baghouses and the wet 
    scrubber are the only emission points for the smelter. All of the 
    control measures employed at the MCG facility were evaluated for 
    reasonableness and technological and economical feasibility. EPA has 
    determined that requirements for RACM (including RACT) have been met.
    
    D. Other Measures Including Emission Limitations, and Timetables
    
        Pursuant to 172(c)(6) of the CAA, all nonattainment SIPs must 
    contain enforceable emission limitations, other control measures, and 
    schedules and timetables for compliance.
        The emission limits for the MCG facility were submitted as a part 
    of the lead SIP and used in the modeling study. The facility-wide 
    emissions of lead for MCG are limited to 0.863 pounds per hour (lbs/
    hr). Any relaxation of the emission limits which results in a computer 
    modeling prediction of a maximum quarterly lead concentration off the 
    MCG plant property exceeding 0.218 g/m\3\ will require a 
    revision of this lead SIP.
        The CAA also requires that nonattainment SIPs include other 
    measures and schedules and timetables for compliance that may be needed 
    to ensure the attainment of the relevant NAAQS by the applicable 
    attainment date. Because the Williamson County area has been attaining 
    the lead NAAQS since 1996, it is not necessary to require other control 
    measures or a schedule and timetable for compliance with the NAAQS.
    
    E. Computer Modeling
    
        Section 110(a)(2)(K) of the CAA requires the use of air quality 
    modeling to predict the effect on ambient air quality from any 
    emissions of an air pollutant for which a NAAQS has been established. 
    Therefore, TDEC was required to submit a modeling demonstration with 
    the lead SIP. TDEC used the current long-term ISCLT3 and CTSCREEN 
    models. The 1998 modeling results reveal that the maximum quarterly 
    lead concentration was 0.218 g/m\3\ which is well below the 
    1.5 g/m\3\ lead NAAQS. Furthermore, it is predicted that the 
    maximum quarterly lead concentration in the year 2011 shall be either 
    at or below the 1998 value.
    
    F. Reasonable Further Progress (RFP)
    
        The SIP must provide for RFP, defined in section 171(1) of the CAA 
    as such reductions in emissions of the relevant air pollutant as are 
    required by section 172(c)(2), or may reasonably be required by the 
    Administrator for the purpose of ensuring attainment of the applicable 
    NAAQS by the applicable date.
        The EPA reviewed the attainment demonstration for the area to 
    determine whether annual incremental reductions different from those 
    provided in the SIP should be required in order to ensure continued 
    attainment of the lead NAAQS. The EPA found that at the emission rate 
    established through RACT limits and control measures utilized at the 
    old GSR facility has provided continuous attainment of the lead NAAQS 
    since 1996. The emission rate, RACT limits and controls implemented at 
    the new MCG facility are more stringent than those at the old GSR 
    facility and constitute adequate reasonable further progress for the 
    Williamson County area. Furthermore, the air quality monitoring data 
    indicate no exceedances of the lead NAAQS since 1996 and the modeling 
    study predicts no future exceedances. Therefore, no additional 
    incremental reductions in emissions are needed.
    
    G. New Source Review (NSR)
    
        Section 172(c)(5) of the CAA requires that the submittal include a 
    permit program for the construction and operation of new and modified 
    major stationary sources. The federally approved Rule 1200-3-9 of the 
    Tennessee Air Pollution Control Regulations identifies the current 
    specific permitting requirements for nonattainment areas in the State 
    of Tennessee. Rule 1200-3-9--Prevention of Significant Deterioration of 
    Air Quality will replace this rule once the Williamson County lead 
    nonattainment area is redesignated to attainment. An analysis of the 
    redesignation request is discussed later in this document. This rule 
    meets the requirements of the CAA.
    
    H. Contingency Measures
    
        As provided in section 172(c)(9) of the CAA, all nonattainment area 
    SIPs that demonstrate attainment must include contingency measures. 
    Contingency measures should consist of other 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 
    that the area has failed to meet RFP or attain the lead NAAQS by the 
    applicable attainment date.
        If a violation of the Lead NAAQS occurs in the Williamson County 
    area, TDEC will proceed within 60 days to take appropriate enforcement 
    action for that violation, and, if necessary incorporate a schedule of 
    corrective action into any order issued as a result of that enforcement 
    action. EPA has determined this requirement in the Tennessee SIP to 
    meet the contingency measure provisions of the CAA.
        The EPA is approving the lead SIP for Williamson County, Tennessee 
    because it meets the requirements set forth in section 110(a)(2) and 
    172(c) of the CAA.
    
    III. Background and Analysis of the Redesignation Request
    
        In 1995, TDEC submitted a proposal package requesting that the 
    Williamson County area to be redesignated attainment for the lead 
    NAAQS. Subsequent violations of the lead NAAQS recorded the entire 
    calendar year of 1995 prevented TDEC from submitting a final 
    redesignation request. After the area had sufficient air quality 
    monitoring data, on September 11, 1998, TDEC submitted a lead SIP and 
    redesignation request that has been withdrawn and replaced with a new 
    request dated May 13, 1999.
        Pursuant to section 107(d)(3)(E) of the CAA, five requirements must 
    be met before a nonattainment area can be redesignated to attainment. 
    The following describes how each of the five requirements has been 
    achieved.
    
    A. Attainment of the Lead NAAQS
    
        The EPA requires eight consecutive quarters or two calendar years 
    of air quality monitoring data showing attainment to justify a 
    redesignation to attainment for the lead NAAQS. To demonstrate that the 
    Williamson County area is in attainment with the NAAQS for lead, TDEC 
    included air quality data for the years 1996-1998 in the submittal. The 
    data has been quality assured, and can be found in EPA's Aerometric 
    Information Retrieval System. This monitoring data which covers over 12 
    consecutive quarters without an exceedance, is adequate to demonstrate 
    attainment of the lead NAAQS. TDEC will continue to monitor the air 
    quality of the Williamson County area to verify continued maintenance 
    of the lead NAAQS.
        A modeling demonstration is also required to redesignate a lead 
    nonattainment area to attainment. The EPA believes that the modeling 
    analysis included in the 1999 lead SIP also being approved in this 
    document satisfies this
    
    [[Page 37409]]
    
    requirement. As stated previously in this notice, the results of the 
    modeling analysis indicate that the lead NAAQS will continue to be 
    maintained.
    
    B. Section 110(k) SIP Approval
    
        The SIP for the area must be fully approved under section 110(k) 
    and must satisfy all requirements that apply to the area. Approval 
    actions on SIP elements and the redesignation request may occur 
    simultaneously as in the case of this lead SIP and redesignation 
    request. The SIP elements for the lead SIP were discussed previously in 
    the ``Analysis of the State Submittal'' section of this document. The 
    EPA has determined that the approval of the lead SIP for the Williamson 
    County area meets the requirements of section 110(k).
    
    C. Permanent and Enforceable Improvement in Air Quality
    
        A state must be able to reasonably attribute the improvement in air 
    quality to permanent and enforceable emission reductions. The MCG 
    facility provides more stringent emission limits and lower emission 
    rates compared to those at the old GSR facility which provide 
    enforceable and permanent emission reductions needed to attain and 
    maintain the lead NAAQS. This is evidenced by the area having more than 
    12 consecutive quarters of clean air quality data. Furthermore, the 
    modeling study shows that the area will remain in attainment through 
    the year 2011. Subsequently, EPA has determined that there is a 
    permanent and enforceable improvement in the air quality in Williamson 
    County.
    
    D. Compliance With Section 110(a)(2) 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(a)(2) and part D of the CAA. The EPA has determined that the lead 
    SIP for the Williamson County lead nonattainment area meets the 
    requirements of section 110(a)(2) and part D of the CAA and is 
    approving the submittal in this document. A detailed explanation of the 
    requirements can be found in the ``Analysis of the State Submittal'' 
    section of this document.
    
    E. Maintenance Plan
    
        Section 175(A) of the CAA requires states that submit a 
    redesignation request to include a maintenance plan to ensure that the 
    attainment of NAAQS for the relevant 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. To 
    provide for the possibility of future NAAQS violations, the maintenance 
    plan must contain such contingency measures necessary to assure that a 
    state will promptly correct any violation of the standard that occurs 
    after redesignation. The contingency provisions must include a 
    requirement that a state will implement all measures for controlling 
    the air pollutant concerned that were contained in the SIP prior to 
    redesignation.
        TDEC demonstrated that the lead SIP also being approved in this 
    action is adequate to maintain compliance with the lead NAAQS for at 
    least ten years. The EPA agrees that the lead SIP satisfies the 
    requirements of section 175(A) of the CAA to show maintenance of the 
    lead NAAQS. The control measures and lead emission limits included in 
    the SIP have been implemented at the MCG facility to ensure the 
    continued attainment of the lead NAAQS. The modeling demonstration 
    supporting the lead SIP shows maintenance of the lead standard through 
    2011, meeting the requirement to show maintenance for ten years. The 
    lead SIP also includes contingency measures that will take effect if a 
    violation of the lead NAAQS occurs. Since these measures were not 
    implemented to attain the lead NAAQS, they can be used as contingency 
    measure for maintenance.
    
    IV. Final Action
    
        EPA is approving the lead SIP and redesignation of the Williamson 
    County lead nonattainment area to attainment because the submittal 
    meets the requirements of the CAA as discussed in this document. The 
    EPA is publishing this rule without prior proposal because the Agency 
    views this as a noncontroversial submittal and anticipates no adverse 
    comments. However, in the proposed rules section of this Federal 
    Register publication, EPA is publishing a separate document that will 
    serve as the proposal to approve the SIP revision should adverse 
    comments be filed. This rule will be effective September 10, 1999 
    without further notice unless the Agency receives adverse comments by 
    August 11, 1999.
        If the EPA receives such comments, then EPA will publish a document 
    withdrawing the final rule and informing the public that the rule will 
    not take effect. All public comments received will then be addressed in 
    a subsequent final rule based on the proposed rule. The EPA will not 
    institute a second comment period. Parties interested in commenting 
    should do so at this time. If no such comments are received, the public 
    is advised that this rule will be effective on September 10, 1999 and 
    no further action will be taken on the proposed rule.
    
    V. Administrative Requirements
    
    A. Executive Order 12866
    
        The Office of Management and Budget (OMB) has exempted this 
    regulatory action from Executive Order (E.O.) 12866, entitled 
    ``Regulatory Planning and Review.''
    
    B. Executive Order 12875
    
        Under Executive Order 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, Executive Order 12875 requires EPA to provide to the Office 
    of Management and Budget 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, Executive Order 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 duties on these 
    entities. Accordingly, the requirements of section 1(a) of E.O. 12875 
    do not apply to this rule.
    
    C. Executive Order 13045
    
        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
    
    [[Page 37410]]
    
    and reasonably feasible alternatives considered by the Agency.
        This rule is not subject to E.O. 13045 because it does not involve 
    decisions intended to mitigate environmental health or safety risks.
    
    D. Executive Order 13084
    
        Under Executive Order 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, Executive Order 13084 
    requires EPA to provide to the Office of Management and Budget, 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, Executive Order 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 (RFA) 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 SIP approvals under 
    section 110 and subchapter I, part D of the Clean Air 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 economic impact on a substantial number of small entities. 
    Moreover, due to the nature of the Federal-State relationship under the 
    Clean Air Act, preparation of flexibility analysis would constitute 
    Federal inquiry into the economic reasonableness of state action. The 
    Clean Air Act forbids EPA to base its actions concerning SIPs on such 
    grounds. 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 
    (``Unfunded Mandates Act''), 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.
        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. 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. This rule is not a 
    ``major'' rule as defined by 5 U.S.C. 804(2).
    
    H. Petitions for Judicial 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 September 10, 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 in 40 CFR Part 52
    
        Environmental protection, Air pollution control, Intergovernmental 
    relation, Lead, Reporting and record keeping requirements.
    
    List of Subjects in 40 CFR Part 81
    
        Environmental protection, Air pollution control, National parks, 
    Wilderness areas.
    
        Dated: June 17, 1999.
    Winston A. Smith,
    Acting Regional Administrator, Region 4.
    
        Chapter I, title 40, 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 et seq.
    
    Subpart RR--Tennessee
    
        2. Section 52.2220(d) is amended by adding at the end of the table 
    a new entry for the Metalico College Grove, Inc. facility to read as 
    follows:
    
    
    Sec. 52.2220  Identification of plan.
    
    * * * * *
        (d) EPA-approved State Source specific requirements.
    
    [[Page 37411]]
    
    
    
                                  EPA-Approved Tennessee Source--Specific Requirements
    ----------------------------------------------------------------------------------------------------------------
                                                          State
               Name of source              Permit No.   effective      EPA approval date           Explanation
                                                           date
    ----------------------------------------------------------------------------------------------------------------
     
    *                  *                  *                  *                  *                  *
                                                            *
    Metalico College Grove, Inc.........          N/A     05/12/99  July 12, 1999..........
    ----------------------------------------------------------------------------------------------------------------
    
    PART 81--[AMENDED]
    
        1. The authority citation for part 81 continues to read as follows:
    
        Authority: 42 U.S.C. 7401 et seq.
    
    Subpart C--Section 107 Attainment Status Designations
    
        2. In Sec. 81.343, the attainment status table for lead is amended 
    by revising the Designated Area, Designation Date and type entry for 
    Williamson County (part) to read as follows:
    
    
    Sec. 81.343  Tennesse.
    
                                                                         Tennessee--Lead
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Designation                                               Classification
             Designated area          ----------------------------------------------------------------------------------------------------------------------
                                                   Date                          Type                          Date                          Type
    --------------------------------------------------------------------------------------------------------------------------------------------------------
     
                       *                  *                  *                  *                  *                  *                  *
    Williamson County (part):
        Area encompassed by a circle   September 10, 1999..........  Attainment..................
         centered on Universal
         Transverse Mercator
         coordinate 530.38 E, 3961.60
         N (Zone 16) with a radius of
         1.5 kilometers.
     
                       *                  *                  *                  *                  *                  *                  *
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    
    [FR Doc. 99-17338 Filed 7-9-99; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Effective Date:
9/10/1999
Published:
07/12/1999
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Direct final rule.
Document Number:
99-17338
Dates:
This direct final rule is effective September 10, 1999 without further notice, unless EPA receives adverse comment by August 11, 1999. If adverse comment is received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect.
Pages:
37406-37411 (6 pages)
Docket Numbers:
TN-217-1-9920a, FRL-6373-9
PDF File:
99-17338.pdf
CFR: (2)
40 CFR 52.2220
40 CFR 81.343