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

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