[Federal Register Volume 60, Number 160 (Friday, August 18, 1995)]
[Rules and Regulations]
[Pages 43017-43020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20191]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81

[TN 141-1-6986a; FRL-5277-7]


Clean Air Act Approval and Promulgation of Redesignation of the 
Rossville Area of Fayette County, Tennessee, to Attainment for Lead

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving the State Implementation Plan (SIP) submitted 
by the State of Tennessee through the Tennessee Department of 
Environment and Conservation (TDEC) for the purpose of redesignating 
the portion of Fayette County near Rossville, Tennessee, from 
nonattainment to attainment status for the lead National Ambient Air 
Quality Standard (NAAQS).

DATES: This final rule is effective on October 17, 1995 unless adverse 
or critical comments are received by September 18, 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 below. Copies of the material submitted by 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 Programs Branch, 345 
Courtland Street, Atlanta, Georgia 30365.
Tennessee Department of Environment and Conservation, Division of Air 
Pollution Control, 401 Church Street, L & C Annex, 9th Floor, 
Nashville, Tennessee 37243-1531.

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 ext. 4195.

SUPPLEMENTARY INFORMATION: On June 7, 1993, a portion of Fayette 
County, Tennessee, near Rossville, was designated nonattainment for 
lead. Since that time, the only source of lead emissions in the area, a 
facility operated by Ross Metals Inc., has permanently closed, and 
monitoring data from the area demonstrates that the area is attaining 
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 to attainment provided certain criteria are met. 
Consequently, the State of Tennessee submitted a request to redesignate 
the area to attainment.
    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 redesignated 
to attainment if the following conditions are met.
    1. The EPA has determined that the lead NAAQS 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 

[[Page 43018]]
    contingency plan, for the area under section 175A.
    On July 1, 1992, Ross Metals Inc., the only lead source in the 
area, began a 30 to 90 day temporary shutdown, however the facility did 
not re-start its operation. The facility has gone out of business and 
has surrendered its state operating permit. Therefore, the source of 
emissions that led to the lead nonattainment designation for the 
Fayette County area has permanently shut down. On October 6, 1994, the 
State of Tennessee through TDEC submitted a request to redesignate the 
portion of Fayette County near Rossville from nonattainment to 
attainment status for lead. The public hearing was held on August 25, 
1994. The State did not receive any adverse comments during the public 
hearing or the 30 day comment period. A letter of completeness was 
mailed to John Walton, Technical Secretary, Tennessee Air Pollution 
Control Board, from EPA on December 8, 1994, for the submittal. The 
State of Tennessee's redesignation request 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 Fayette County area is in attainment with 
the lead NAAQS, TDEC's submittal included air quality data for the 
years 1990-1994. No exceedances of the lead standard have occurred 
since Ross Metals, Inc. shutdown on July 1, 1992. This amount of 
monitoring data (more than eight consecutive quarters at the present 
time) without an exceedance of the lead standard is adequate to 
demonstrate attainment of the standard. Modeling may also be required 
to redesignate an area to attainment. The EPA believes that because 
there are no lead sources in the area since Ross Metals has shut down, 
then no modeling analysis is needed. The EPA is approving the State of 
Tennessee official request to discontinue monitoring the air quality of 
the Rossville area because Ross Metals, Inc. was the only lead source 
in the area and monitoring has been conducted for more than two years 
following its closure.

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 
not approved, the State remains obligated to fulfill those 
requirements. Therefore, for purposes of redesignation, to meet the 
requirement that the SIP fulfills all applicable requirements under the 
CAA, EPA has reviewed the Fayette County SIP to ensure that it 
satisfies all requirements due under the CAA prior to or at the time 
the State of Tennessee submitted its redesignation request (i.e., 
October 4, 1994).
A. Section 110 Requirements

    Section 110 of the 1977 CAA required states to submit lead SIPs 
(see 52 FR 47686). Based on the requirements of the 1977 CAA 
amendments, the State of Tennessee submitted a prevention of 
significant deterioration (PSD) submittal which included lead. EPA 
believes that this SIP satisfies the requirements of section 110(a)(2) 
based on a memorandum from G. T. Helms to the EPA Regional Air Branch 
Chiefs dated June 14, 1979.

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) 
requires the submission of nonattainment SIPs meeting the requirements 
of part D for areas designated nonattainment for lead after the 1990 
CAAA, such as the Fayette County area, within 18 months of the 
designation. As the Fayette County area was designated nonattainment on 
June 7, 1993, its part D SIP was not due until December 7, 1994. As a 
complete redesignation was submitted to EPA on October 6, 1994, for the 
area, the part D SIP requirements are not applicable requirements for 
purposes of the evaluation of this redesignation request.
    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), imposition of 
reasonably available control measures (RACM) the adoption of 
contingency measures, and the submission of an emission inventory have 
been satisfied or no longer applicable due to the permanent closure of 
the only lead source in the area and the demonstration that the area is 
now attaining the standard. The EPA notes that the Ross Metals facility 
ceased operation and its permit has been revoked. See General Preamble 
for the Implementation of Title I, 57 FR 13498, 13564 (April 16, 1992).

3. Permanent and Enforceable Improvement in Air Quality

    TDEC provided a copy of a letter dated May 5, 1994, certifying that 
Ross Metals has surrendered its operating permits, proving that Ross 
Metals, Inc., the sole source of lead emissions had ceased operation. 
Since the Ross Metals facility has ceased operation, the improvement in 
air quality resulting in attainment of the standard is permanent and 
enforceable.

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 of 
concern that were contained in the SIP prior to redesignation.
    The State of Tennessee through TDEC has submitted a maintenance 
plan to ensure that the lead NAAQS is protected. The maintenance plan 
for the Fayette County area near Rossville, Tennessee contains the part 
C PSD program. The EPA believes that this submittal is adequate in 
light of the permanent closure of the only lead source in the area.
    In addition, the EPA does not believe any additional contingency 
measures are needed. Contingency measures would serve no useful purpose 
in light of the permanent closure of the Ross Metals facility and the 
revocation of its permit. Moreover, any attempt to reopen 

[[Page 43019]]
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 Fayette 
County area near Rossville, Tennessee, to attainment for lead and the 
accompanying SIP revision submitted by the State of Tennessee, because 
Tennessee 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.
    The public should be advised that this action will be effective 
October 17, 1995. However, if adverse or critical comments are received 
by September 18, 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 
document 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 October 17, 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)].
    The Office of Management and Budget has exempted these actions from 
review under Executive Order 12866.
    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 enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA''), 
P.L. 104-4, establishes requirements for the Federal agencies to assess 
the effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. When a written statement is needed for an EPA rule, section 
205 of the UMRA generally requires EPA to identify and consider a 
reasonable number of regulatory alternatives and adopt the least 
costly, most cost-effective or least burdensome alternative that 
achieves the objectives of the rule. The provisions of section 205 do 
not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, giving 
them meaningful and timely input in the development of EPA regulatory 
proposals with significant federal intergovernmental mandates, and 
informing, educating, and advising them on compliance with the 
regulatory requirements.
    Through submission of the SIP or plan revisions approved in this 
action, the State and any affected local or tribal governments have 
elected to adopt the program provided for under section 175A of the 
Clean Air Act. The submission approved in this action may bind State, 
local and tribal governments to perform certain actions and also may 
ultimately lead to the private sector being required to perform certain 
duties. To the extent that the submission being approved by this action 
will impose or lead to the imposition of any mandate upon the State, 
local or tribal governments either as the owner or operator of a source 
or as a regulator, or would impose or lead to the imposition of any 
mandate upon the private sector, EPA's action will impose no new 
requirements; such sources are already subject to these requirements 
under State law. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.
    The EPA has determined that this rule does not contain a Federal 
mandate that may result in expenditures of $100 million or more for 
State, local, or tribal governments in the aggregate, or on the private 
sector, in any one year. Thus, today's rule is not subject to the 
requirements of sections 202 and 205 of the UMRA. EPA has determined 
that this rule contains no regulatory requirements that might 
significantly or uniquely affect small governments.
    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: August 3, 1995.
Patrick M. Tobin,
Acting Regional Administrator.

    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. 7401-7671q.

Subpart RR--Tennessee

    2. Section 52.2236, is added to read as follows: 

[[Page 43020]]



Sec. 52.2236  Control strategy; lead.

    The Tennessee Department of Environment and Conservation has 
submitted revisions to the Tennessee SIP on October 6, 1994. These 
revisions address the requirements necessary to change an lead 
nonattainment area to attainment. The maintenance plan for the Fayette 
County area near Rossville, Tennessee is comprised of a maintenance 
demonstration and NSR/PSD program. For areas where the only lead source 
has shut down, these components are sufficient for an approvable 
maintenance plan. The State's maintenance plan is complete and 
satisfies all of the requirements of section 175(A) of the CAA.

PART 81--[AMENDED]

    1. The authority citation for part 81 continues to read as follows:

    Authority: 42.U.S.C. 7401-7671q.

Subpart C--Section 107 Attainment Status Designations

    2. In Sec. 81.343 the lead table is amended by revising the entry 
for Fayette County (part) to read as follows:


Sec. 81.343  Tennessee.

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                                                 Tennessee--Lead                                                
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                                                Designation                              Classification         
      Designated area       ------------------------------------------------------------------------------------
                                        Date                     Type              Date             Type        
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                          *         *         *         *         *         *         *                         
Fayette County (part) Area   Oct. 17, 1995.............  Attainment                                             
 encompassed by a circle                                                                                        
 centered on Universal                                                                                          
 Transverse Mercator                                                                                            
 coordinate 267.59 E,                                                                                           
 3881.30 N (Zone 16) with a                                                                                     
 radius of 1.0 kilometers.                                                                                      
                                                                                                                
                                                                                                                
                          *         *         *         *         *         *         *                         
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[FR Doc. 95-20191 Filed 8-17-95; 8:45 am]
BILLING CODE 6560-50-P