[Federal Register Volume 64, Number 197 (Wednesday, October 13, 1999)]
[Rules and Regulations]
[Pages 55421-55425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26329]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[TX-112-1-7421a; FRL-6449-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Texas: Redesignation Request and Maintenance Plan for the Collin County 
Lead Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: We are approving a request from the Texas Natural Resource 
Conservation Commission (TNRCC) to redesignate Collin County, Texas, to 
attainment for the lead National Ambient Air Quality Standard (NAAQS). 
This request was submitted to us by the Governor on August 31, 1999. 
The request was accompanied by a demonstration from TNRCC that 
continued compliance with the lead NAAQS can reasonably be expected. 
The maintenance plan also includes a summary of the measured lead 
concentrations from 1995-1998, an inventory of the annual lead 
emissions in the County, the permitted and enforceable conditions 
responsible for continued compliance with the lead NAAQS, and 
contingency measures, should a future violation occur.

DATES: This direct final rule is effective on December 13, 1999, unless 
we receive adverse written comments by November 12, 1999. If we receive 
adverse comments, we will publish a timely withdrawal of this direct 
final rule in the Federal Register, and inform the public that the rule 
will not take effect.

ADDRESSES: Written comments on this action should be addressed to Mr. 
Thomas H. Diggs, Chief, Air Planning Section, at our Regional Office 
listed below. Copies of the documents relevant to this action are 
available for public inspection during normal business hours at the 
following locations. Persons interested in examining these documents 
should make an appointment with the appropriate office at least 24 
hours before the visiting day. Environmental Protection Agency, Region 
6, Air Planning Section (6PD-L), 1445 Ross Avenue, Suite 700, Dallas, 
Texas 75202-2733. Texas Natural Resource Conservation Commission, 12124 
Park 35 Circle, Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Lt. Mick Cote, Air Planning Section 
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, 
Dallas, Texas 75202-2733, telephone (214) 665-7219.

SUPPLEMENTARY INFORMATION:
I. What action is EPA taking today?
II. Why is Collin County, Texas, designated as a lead nonattainment 
area?
III. What has the State done to address its lead issue in Collin 
County?
IV. What steps must Texas take to change the designation of Collin 
County from nonattainment to attainment for lead?
V. Does Collin County now meet the National Ambient Air Quality 
Standard (NAAQS) for lead?
VI. Has Texas met all its regulatory requirements in Collin County?
VII. Has there been an improvement in air quality in Collin County?
VIII. Has the State demonstrated that it can maintain its Compliance 
with the lead NAAQS in the future?
IX. Administrative Requirements.

I. What Action Is EPA Taking Today?

    We are approving the lead maintenance plan for Collin County, 
Texas, and redesignating Collin County to attainment for the lead 
NAAQS. We are taking this action because the redesignation request and 
maintenance plan meet the requirements of the Clean Air Act (the Act). 
We are publishing this rule without prior proposal because we view this 
as a non-controversial action, and we anticipate no adverse comments. 
However, in the proposed rules section of this Federal Register 
publication, we are publishing a separate document that will serve as 
our proposal, should adverse comments be filed. This rule is effective 
on December 13, 1999, without further notice, unless we receive adverse 
comments by November 12, 1999.
    If we receive adverse comments, we will publish a document that 
withdraws the final rule and informs the public that the rule will not 
take effect. Any adverse comments we have received will then be 
addressed in a subsequent final rule. We will not institute a second 
comment period on this action, so parties interested in commenting 
should do so at this time.

II. Why Is Collin County, Texas, Designated as a Lead Nonattainment 
Area?

    The Gould National Battery, Incorporated (GNB) smelter, is located 
in Collin County, Texas, just southwest of the town of Frisco. It 
produces lead from spent lead-acid batteries and other lead bearing 
scrap. 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 from the GNB facility have been 
monitored continuously. Violations of the quarterly arithmetic average 
of 1.5 micrograms per cubic meter (ug/m3) NAAQS for lead 
were recorded in 1985, 1989, and 1990. Notices of violation were issued 
by the State to the GNB facility, with requirements to implement 
certain controls.
    On November 6, 1991, pursuant to section 107(d)(5) of the Act, we 
published the notice of nonattainment designation in the Federal 
Register (57 FR 56694) for the portion of Collin County which 
encompasses the plant boundaries of the GNB facility. The effective 
date of the nonattainment designation was January 6, 1992.

III. What Has the State Done To Address Its Lead Issue in Collin 
County?

    For States with areas designated to nonattainment for lead, a State 
Implementation Plan (SIP) must be developed, pursuant to sections 
110(a)(2) and 172(c) of the Act, to show how the area will be brought 
into attainment. Texas was required to submit a SIP which included the 
following to us by July 6, 1993:
    1. Provisions to assure that reasonably available control measures 
would be implemented; (2) a demonstration (including air quality 
modeling) that the SIP would provide for attainment as expeditiously as 
practicable, but no later than January 6, 1997;

[[Page 55422]]

    (3) a demonstration that reasonable further progress (RFP) would be 
made toward attainment by January 6, 1997; (4) a permit program for the 
construction and operation of new and modified major stationary 
sources; and (5) contingency measures, which would become effective 
without further action by the State or EPA, upon a determination by us 
that the area failed to achieve RFP or to attain the lead NAAQS by the 
applicable statutory deadline. For more information on the planning 
requirements associated with the nonattainment designation, see section 
172(c)(9) of the Act and 57 FR 13498-13569 (April 16, 1992).
    Texas held a public hearing on April 21, 1993, to entertain public 
comment on the lead SIP for Collin County. Following the public 
hearing, the SIP was adopted by the State and signed by the Governor on 
July 2, 1993, and submitted to us on July 6, 1993, as a proposed 
revision to the SIP.
    We reviewed this SIP, and found that it contained all the 
provisions necessary for approval. We approved the Collin County lead 
SIP on November 29, 1994 (59 FR 60905).

IV. What Steps Must Texas Take To Change the Designation of Collin 
County From Nonattainment to Attainment for Lead?

    According to section 107(d)(3)(E) of the Act, TNRCC must submit to 
us a revision to the lead SIP that contains the following five 
elements: (1) a demonstration that the area has attained the lead 
NAAQS; (2) a demonstration that the Collin County lead SIP is fully 
approved; (3) a demonstration that the area is in compliance with all 
other aspects of the Act; (4) there must be permanent and enforceable 
improvements in air quality in the area; and, (5) there must be a 
demonstration that the area will remain in compliance with the lead 
NAAQS. These five elements were submitted to us in a revision to the 
SIP, dated August 31, 1999. We have reviewed each element, and our 
evaluation of each is discussed below.

V. Does Collin County Now Meet the National Ambient Air Quality 
Standard (NAAQS) for Lead?

    As mentioned previously, the NAAQS for lead is a quarterly 
arithmetic average of 1.5 ug/m3. We require eight 
consecutive quarters, or two calendar years, of air quality monitoring 
data showing attainment to justify a redesignation to attainment. The 
TNRCC submitted data from the three lead monitors at GNB for the years 
1995-1998. The highest quarterly average recorded during this four-year 
period was 0.70 ug/m3. We have reviewed the air quality data 
and have determined that it is adequate to demonstrate attainment of 
the lead NAAQS. The specific ambient lead values recorded at the GNB 
site are included in the official file for this action, and can also be 
reviewed at our Aerometric Information Retrieval System website, 
located at http://www.epa.gov./airsdata/monitors.htm. 

VI. Has Texas Met All Its Regulatory Requirements in Collin County?

    The regulatory requirements for Collin County include: (1) having a 
fully approved lead attainment SIP as described under section 110(k) of 
the Act; (2) that an area must have met all the applicable requirements 
of section 110(a)(2) of the Act; and (3) that all requirements under 
part D of the Act have been met.
    Section 110(k) of the Act outlines our responsibilities and 
establishes our timeframes for reviewing SIP submittals. Section 
110(a)(2) of the Act delineates those general elements that must be 
included in any SIP submittal in order for us to consider it complete 
and approvable. The criteria listed ensures a State or Tribal agency's 
ability to properly implement a given control strategy. Examples of 
these general elements include, but are not limited to, such things as 
proof of statutory authority, enforceable emission limits, monitoring, 
reporting, and recordkeeping mechanisms. Part D of the Act lists 
additional requirements that are necessary in SIPs for nonattainment 
areas, and establishes additional guidelines for us to use when we 
review these SIPs. Subpart 1 of part D contains information on 
nonattainment area plans in general; Subpart 5 contains additional 
provisions related to lead nonattainment areas, particularly the 
deadlines for SIP submissions, and the associated attainment dates.
    As we discussed previously, we reviewed the Collin County lead SIP 
and approved it, in accordance with sections 110 and part D of the Act, 
on November 29, 1994 (59 FR 60905).

VII. Has There Been an Improvement in Air Quality in Collin County?

    A State must be able to reasonably attribute the improvement in air 
quality to permanent and enforceable emission reductions. The 
implementation of reasonably available control measures by the GNB 
facility provides enforceable and permanent emission reductions needed 
to attain and maintain the lead NAAQS. These control measures are 
contained in permits R-1147A and R-5466D, issued to GNB in 1990, and 
amended to incorporate the provisions of Board Orders 92-09(k) and 93-
12, issued to GNB in 1992 and 1993, respectively.
    The control measures contained in permits R-1147A and R-5466D 
include process controls such as additional vent hoods, ductwork, an 
additional baghouse, and enclosed process and storage areas. Fugitive 
controls include paved roads, planted vegetation, and increased 
maintenance and cleanup procedures. The specifics of the control 
measures are discussed in the technical support document, included in 
the official file for this action.
    The TNRCC will maintain the permanence of these conditions through 
enforcement of these permits, and GNB's compliance with the National 
Emission Standards for Hazardous Air Pollutants From Secondary Lead 
Smelters. Copies of permits R-1147A and R-5466D, which include the 
provisions of Board Orders 92-09(k) and 93-12, can be found in the 
official file for this action. We have concluded that the improvement 
in the air quality in Collin County, Texas, is permanent and 
enforceable.

VIII. Has the State Demonstrated That It Can Maintain Its 
Compliance With the Lead NAAQS in the Future?

    Section 175(A) of the Act requires States that submit a 
redesignation request to include a maintenance plan to ensure that the 
attainment of NAAQS for any pollutant is maintained. This maintenance 
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, States 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 also contain such 
contingency measures as we deem necessary to assure that a State will 
promptly correct any violation of the NAAQS that occurs after 
redesignation.
    The TNRCC demonstrated to us that the lead maintenance plan being 
approved in this action is adequate to maintain compliance with the 
lead NAAQS for at least ten years. The current annual emission rate of 
4.27 tons per year was modeled in 1993 to show compliance with the lead 
NAAQS. Air quality data collected at the GNB facility since that time 
confirms that continued compliance with the lead NAAQS can reasonably 
be expected,

[[Page 55423]]

given the permitted annual lead emission rate of 4.27 tons per year.
    The control measures and lead emission limits included in the 
maintenance plan have been implemented and permitted at the GNB 
facility, and we expect these conditions to provide for the continued 
attainment of the lead NAAQS in Collin County. We therefore agree that 
the maintenance plan satisfies the requirement of section 175(A) of the 
Act to show maintenance of the lead NAAQS.
    Section 175A of the Act also requires each maintenance plan to 
include contingency measures to be implemented should a future 
violation of the lead NAAQS occur. The maintenance plan identifies the 
future conditions upon which contingency measures would be triggered 
for implementation, and identifies four possible measures to be 
evaluated for implementation.
    The future conditions that would trigger the implementation of one 
or more contingency measures are: (1) a violation of the 1.5 ug/
m3 quarterly average lead NAAQS, or (2) an increase in the 
4.27 tons per year annual lead emission rate, unless the increase has 
been authorized through an approved permit modification, or new air 
dispersion modeling shows continued compliance with the lead NAAQS.
    The following contingency measures have been submitted: (1) a new 
wheel-washing facility will be installed to reduce tracking in the yard 
area--estimated annual lead reduction is 27 pounds per year; (2) 
installation of a scale and automatic tuyere punching device at the 
blast furnace, to increase feed and flux control--estimated annual lead 
reduction is 30 pounds per year; and (3) any alternative measure 
proposed by GNB that gains lead reductions equivalent to those listed 
above. Any alternative must be approved by the TNRCC prior to 
implementation.
    The schedule for implementation of a selected contingency measure 
is 30 days for notification to TNRCC that a trigger has been reached, 
an additional 60 days for selection of the appropriate contingency 
measure, and an additional 180 days for GNB to complete implementation.
    The TNRCC has the legal authority to implement its lead program in 
Collin County, Texas, and to enforce those conditions imposed on GNB by 
permits R-1147A and R-5466D. We find that both the redesignation 
request and the maintenance plan submitted by TNRCC meet the 
requirements the Act and follow our guidance on the preparation of such 
requests.

IX. Administrative Requirements

A. Executive Order (E.O.) 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from E.O. 12866, entitled ``Regulatory Planning and 
Review.''

B. Executive Order 12875

    Under E.O. 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, E.O. 12875 requires EPA to provide to the OMB 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, E.O. 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 rules on any of 
these entities. This action does not create any new requirements but 
simply approves requirements that the State is already imposing. 
Accordingly, the requirements of section 1(a) of E.O. 12875 do not 
apply to this rule.

C. Executive Order 13045

    Executive Order 13045, entitled ``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 and 
reasonably feasible alternatives considered by the Agency.
    The EPA interprets E.O. 13045 as applying only to those regulatory 
actions that are based on health or safety risks, such that the 
analysis required under section 5-501 of the Order has the potential to 
influence the regulation. This final rule is not subject to E.O. 13045 
because it approves a State program.

D. Executive Order 13084

    Under E.O. 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, E.O. 13084 requires EPA to 
provide to the OMB, 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, E.O. 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, 5 U.S.C. 600 et seq., 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 approvals 
under section 111 of the 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

[[Page 55424]]

economic impact on a substantial number of small entities. Moreover, 
due to the nature of the Federal-State relationship under the Act, 
preparation of a flexibility analysis would constitute Federal inquiry 
into the economic reasonableness of state action. The Act forbids EPA 
to base its actions concerning SIPs on such grounds. See 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, 
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.
    The 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. The 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. A major rule can 
not take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major'' rule as defined by 5 U.S.C. 
804(2). This rule will be effective December 13, 1999.

H. Petitions for Judicial Review

    Under section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 13, 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

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental regulations, Lead, Reporting and 
recordkeeping requirements.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: September 24, 1999.
Pamela Phillips,
Acting Regional Administrator, Region 6.

    40 CFR parts 52 and 81 are 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 SS--Texas

    2. Section 52.2270 is amended by revising paragraph (b)(1); adding 
paragraph (d), and adding a new entry to the end of the table in 
paragraph (e) to read as follows:


Sec. 52.2270  Identification of plan.

* * * * *
    (b) Incorporation by reference. (1) Material listed in paragraphs 
(c) and (d) of this section with an EPA approval date prior to December 
31, 1998, were approved for incorporation by reference by the Director 
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. Material is incorporated as it exists on the date of the 
approval, and notice of any change in the material will be published in 
the Federal Register. Entries in paragraphs (c) and (d) of this section 
with EPA approval dates after December 31, 1998, will be incorporated 
by reference in the next update to the SIP compilation.
* * * * *
    (d) EPA-Approved State Source-Specific Requirements.

                                 EPA-Approved Texas Source-Specific Requirements
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                                   Permit or Order      State Effective
         Name of Source                 Number               Date          EPA Approval Date       Comments
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Gould National Battery,          Order Nos. 92-       9/3/92, 6/2/93, 7/  11/29/94, 11/29/    92-09(k) and 93-12
 Incorporated.                    09(k), 93-12, 99-    8/99,               94, October 13,     were incorporated
                                  0351-SIP.            respectively.       1999,               by reference in
                                                                           respectively.       our approval of
                                                                                               the lead SIP on
                                                                                               11/29/94, (59 FR
                                                                                               60905).
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    (e) * * *

[[Page 55425]]



              EPA-Approved Nonregulatory Provisions and Quasi-regulatory Measures in the Texas SIP
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                                      Applicable
     Name of SIP Provision          geographic or      State Submittal/    EPA Approval Date       Comments
                                  nonattainment area    Effective Date
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*                  *                  *                  *                  *                  *
                                                        *
Lead Maintenance Plan for Gould  Collin County......  08/31/99..........  October 13, 1999    Ref. 59 FR 60905
 National Battery, Incorporated.                                           and 64 FR 55425.    (11/29/94).
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PART 81--[AMENDED]

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

    Authority: 42 U.S.C. 7401 et seq.

    2. In Section 81.344, the lead table is amended by revising the 
entry for the Collin County Area to read as follows:


Sec. 81.344  Texas.

* * * * *

                                                   Texas--Lead
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                                                       Designation                           Classification
         Designated Area          ------------------------------------------------------------------------------
                                            Date \1\                    Type              Date \1\       Type
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Collin County (all)..............  [December 13, 1999]......  Attainment..............  ...........  ...........
 
*                  *                  *                  *                  *                  *
                                                        *
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\1\ This date is November 15, 1990, unless otherwise noted.
*                  *                  *                  *                  *                  *
   *

[FR Doc. 99-26329 Filed 10-12-99; 8:45 am]
BILLING CODE 6560-50-P