[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]


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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.

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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).
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    \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.
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    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.
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    \2\Section 172(c)(7) of the Act requires that plan provisions 
for nonattainment areas meet the applicable provisions of section 
110(a)(2).
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    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.
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[FR Doc. 94-29291 Filed 11-28-94; 8:45 am]
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