[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]



-----------------------------------------------------------------------


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.

-----------------------------------------------------------------------

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                              
------------------------------------------------------------------------
                             Designation               Classification   
 Designated area -------------------------------------------------------
                        Date             Type          Date       Type  
------------------------------------------------------------------------
Statewide.......  March 7, 1995..  Attainment.....                      
------------------------------------------------------------------------

* * * * *
[FR Doc. 95-284 Filed 1-5-95; 8:45 am]
BILLING CODE 6560-50-P