Clean Air Act Approval and Promulgation of Lead Implementation Plan for a Portion of Collin County, Texas

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.

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(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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