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

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,

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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

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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) * * *

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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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*

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\1\ This date is November 15, 1990, unless otherwise noted.

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[FR Doc. 99-26329 Filed 10-12-99; 8:45 am]

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