[Federal Register Volume 60, Number 160 (Friday, August 18, 1995)]
[Rules and Regulations]
[Pages 43017-43020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20191]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[TN 141-1-6986a; FRL-5277-7]
Clean Air Act Approval and Promulgation of Redesignation of the
Rossville Area of Fayette County, Tennessee, to Attainment for Lead
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving the State Implementation Plan (SIP) submitted
by the State of Tennessee through the Tennessee Department of
Environment and Conservation (TDEC) for the purpose of redesignating
the portion of Fayette County near Rossville, Tennessee, from
nonattainment to attainment status for the lead National Ambient Air
Quality Standard (NAAQS).
DATES: This final rule is effective on October 17, 1995 unless adverse
or critical comments are received by September 18, 1995. If the
effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Comments may be mailed to Kimberly Bingham at the EPA Region
4 address listed below. Copies of the material submitted by TDEC may be
examined during normal business hours at the following locations:
Air and Radiation Docket and Information Center (Air Docket 6102), U.S.
Environmental Protection Agency, 401 M Street, SW, Washington DC 20460.
Environmental Protection Agency, Region 4 Air Programs Branch, 345
Courtland Street, Atlanta, Georgia 30365.
Tennessee Department of Environment and Conservation, Division of Air
Pollution Control, 401 Church Street, L & C Annex, 9th Floor,
Nashville, Tennessee 37243-1531.
FOR FURTHER INFORMATION CONTACT: Kimberly Bingham, Regulatory Planning
and Development Section, Air Programs Branch, Air Pesticides and Toxics
Management Division, Region 4 Environmental Protection Agency, 345
Courtland Street, NE, Atlanta, Georgia 30365. The telephone number is
(404) 347-3555 ext. 4195.
SUPPLEMENTARY INFORMATION: On June 7, 1993, a portion of Fayette
County, Tennessee, near Rossville, was designated nonattainment for
lead. Since that time, the only source of lead emissions in the area, a
facility operated by Ross Metals Inc., has permanently closed, and
monitoring data from the area demonstrates that the area is attaining
the NAAQS for lead. Section 107(d)(3)(E) of the Clean Air Act (CAA)
permits nonattainment areas that have attained the lead NAAQS to be
redesignated to attainment provided certain criteria are met.
Consequently, the State of Tennessee submitted a request to redesignate
the area to attainment.
Section 107(d)(3)(E) of the CAA, as amended in 1990, sets forth the
requirements that must be met for a nonattainment area to be
redesignated to attainment. It states that an area can be redesignated
to attainment if the following conditions are met.
1. The EPA has determined that the lead NAAQS has been attained.
2. The applicable implementation plan has been fully approved by
EPA under section 110(k).
3. The EPA has determined that the improvement in air quality is
due to permanent and enforceable reductions in emissions.
4. The State has met all applicable requirements for the area under
section 110 and part D.
5. The EPA has fully approved a maintenance plan, including a
[[Page 43018]]
contingency plan, for the area under section 175A.
On July 1, 1992, Ross Metals Inc., the only lead source in the
area, began a 30 to 90 day temporary shutdown, however the facility did
not re-start its operation. The facility has gone out of business and
has surrendered its state operating permit. Therefore, the source of
emissions that led to the lead nonattainment designation for the
Fayette County area has permanently shut down. On October 6, 1994, the
State of Tennessee through TDEC submitted a request to redesignate the
portion of Fayette County near Rossville from nonattainment to
attainment status for lead. The public hearing was held on August 25,
1994. The State did not receive any adverse comments during the public
hearing or the 30 day comment period. A letter of completeness was
mailed to John Walton, Technical Secretary, Tennessee Air Pollution
Control Board, from EPA on December 8, 1994, for the submittal. The
State of Tennessee's redesignation request meets the requirements of
Section 107(d)(3)(E). The following is a description of how each
requirement has been achieved.
1. Attainment of the Lead NAAQS
To demonstrate that the Fayette County area is in attainment with
the lead NAAQS, TDEC's submittal included air quality data for the
years 1990-1994. No exceedances of the lead standard have occurred
since Ross Metals, Inc. shutdown on July 1, 1992. This amount of
monitoring data (more than eight consecutive quarters at the present
time) without an exceedance of the lead standard is adequate to
demonstrate attainment of the standard. Modeling may also be required
to redesignate an area to attainment. The EPA believes that because
there are no lead sources in the area since Ross Metals has shut down,
then no modeling analysis is needed. The EPA is approving the State of
Tennessee official request to discontinue monitoring the air quality of
the Rossville area because Ross Metals, Inc. was the only lead source
in the area and monitoring has been conducted for more than two years
following its closure.
2. The Area Has Met All Applicable Requirements Under Section 110 and
Part D of the CAA
To be redesignated to attainment, section 107(d)(3)(E) requires
that an area must have met all applicable requirements of section 110
of part D of title I of the CAA. EPA interprets section 107(d)(3)(E)(v)
to mean that for a redesignation request to be approved, the State must
have met all requirements that applied to the subject area prior to or
at the time of a complete redesignation request. Requirements of the
CAA that come due subsequently continue to be applicable to the area at
those later dates (see section 175A(c)) and, if the redesignation is
not approved, the State remains obligated to fulfill those
requirements. Therefore, for purposes of redesignation, to meet the
requirement that the SIP fulfills all applicable requirements under the
CAA, EPA has reviewed the Fayette County SIP to ensure that it
satisfies all requirements due under the CAA prior to or at the time
the State of Tennessee submitted its redesignation request (i.e.,
October 4, 1994).
A. Section 110 Requirements
Section 110 of the 1977 CAA required states to submit lead SIPs
(see 52 FR 47686). Based on the requirements of the 1977 CAA
amendments, the State of Tennessee submitted a prevention of
significant deterioration (PSD) submittal which included lead. EPA
believes that this SIP satisfies the requirements of section 110(a)(2)
based on a memorandum from G. T. Helms to the EPA Regional Air Branch
Chiefs dated June 14, 1979.
B. Part D Requirements
Before a lead nonattainment area may be redesignated to attainment,
the State must have fulfilled the applicable requirements of part D.
Subpart 1 of part D establishes the general requirements applicable to
all nonattainment areas and subpart 5 of part D establishes certain
requirements applicable to lead nonattainment areas. Section 191(a)
requires the submission of nonattainment SIPs meeting the requirements
of part D for areas designated nonattainment for lead after the 1990
CAAA, such as the Fayette County area, within 18 months of the
designation. As the Fayette County area was designated nonattainment on
June 7, 1993, its part D SIP was not due until December 7, 1994. As a
complete redesignation was submitted to EPA on October 6, 1994, for the
area, the part D SIP requirements are not applicable requirements for
purposes of the evaluation of this redesignation request.
The requirements of sections 172(c) and 192(a) for providing for
attainment of the lead NAAQS, and the requirements of section 172(c)
for requiring reasonable further progress (RFP), imposition of
reasonably available control measures (RACM) the adoption of
contingency measures, and the submission of an emission inventory have
been satisfied or no longer applicable due to the permanent closure of
the only lead source in the area and the demonstration that the area is
now attaining the standard. The EPA notes that the Ross Metals facility
ceased operation and its permit has been revoked. See General Preamble
for the Implementation of Title I, 57 FR 13498, 13564 (April 16, 1992).
3. Permanent and Enforceable Improvement in Air Quality
TDEC provided a copy of a letter dated May 5, 1994, certifying that
Ross Metals has surrendered its operating permits, proving that Ross
Metals, Inc., the sole source of lead emissions had ceased operation.
Since the Ross Metals facility has ceased operation, the improvement in
air quality resulting in attainment of the standard is permanent and
enforceable.
4. Maintenance Plan
Section 175(A) of the CAA requires states that submit a
redesignation request for a nonattainment area under section 107(d) to
include a maintenance plan to ensure that the attainment of NAAQS for
any pollutant is maintained. The plan must demonstrate continued
attainment of the applicable NAAQS for at least ten years after the
approval of a redesignation to attainment. Eight years after the
redesignation, the State must submit a revised maintenance plan
demonstrating attainment for the ten years following the initial ten
year period. To provide for the possibility of future NAAQS violations,
the maintenance plan must contain such contingency measures as the
Administrator deems necessary to assure that the State will promptly
correct any violation of the standard that occurs after redesignation.
The contingency provisions are to include a requirement that the state
will implement all measures for controlling the air pollutant of
concern that were contained in the SIP prior to redesignation.
The State of Tennessee through TDEC has submitted a maintenance
plan to ensure that the lead NAAQS is protected. The maintenance plan
for the Fayette County area near Rossville, Tennessee contains the part
C PSD program. The EPA believes that this submittal is adequate in
light of the permanent closure of the only lead source in the area.
In addition, the EPA does not believe any additional contingency
measures are needed. Contingency measures would serve no useful purpose
in light of the permanent closure of the Ross Metals facility and the
revocation of its permit. Moreover, any attempt to reopen
[[Page 43019]]
a facility on the same site would be subject to the permitting
requirements of the State's preconstruction review program.
Final Action
In this action, EPA is approving the redesignation of the Fayette
County area near Rossville, Tennessee, to attainment for lead and the
accompanying SIP revision submitted by the State of Tennessee, because
Tennessee has addressed all of the requirements of the CAA and the
culpable lead source has been permanently shut down. This action is
being taken without prior proposal because the changes are
noncontroversial and EPA anticipates no significant comments.
The public should be advised that this action will be effective
October 17, 1995. However, if adverse or critical comments are received
by September 18, 1995, this action will be withdrawn and two subsequent
documents will be published before the effective date. One document
will withdraw the final action. The second document will be the final
document which will address the comments received.
Under section 307(b)(1) of the CAA, 42 U.S.C. 7607(b)(1), petitions
for judicial review of this action must be filed in the United States
Court of Appeals for the appropriate circuit by October 17, 1995.
Filing a petition for reconsideration by the Administrator of this
final rule does not affect the finality of this rule for purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. [See section 307(b)(2) of the
CAA, 42 U.S.C. 7607(b)(2)].
The Office of Management and Budget has exempted these actions from
review under Executive Order 12866.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA''),
P.L. 104-4, establishes requirements for the Federal agencies to assess
the effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. When a written statement is needed for an EPA rule, section
205 of the UMRA generally requires EPA to identify and consider a
reasonable number of regulatory alternatives and adopt the least
costly, most cost-effective or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, giving
them meaningful and timely input in the development of EPA regulatory
proposals with significant federal intergovernmental mandates, and
informing, educating, and advising them on compliance with the
regulatory requirements.
Through submission of the SIP or plan revisions approved in this
action, the State and any affected local or tribal governments have
elected to adopt the program provided for under section 175A of the
Clean Air Act. The submission approved in this action may bind State,
local and tribal governments to perform certain actions and also may
ultimately lead to the private sector being required to perform certain
duties. To the extent that the submission being approved by this action
will impose or lead to the imposition of any mandate upon the State,
local or tribal governments either as the owner or operator of a source
or as a regulator, or would impose or lead to the imposition of any
mandate upon the private sector, EPA's action will impose no new
requirements; such sources are already subject to these requirements
under State law. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
The EPA has determined that this rule does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, or tribal governments in the aggregate, or on the private
sector, in any one year. Thus, today's rule is not subject to the
requirements of sections 202 and 205 of the UMRA. EPA has determined
that this rule contains no regulatory requirements that might
significantly or uniquely affect small governments.
SIP approvals under section 110 and subchapter I, part D of the CAA
do not create any new requirements, but simply approve requirements
that the State is already imposing. Therefore, because the federal SIP-
approval does not impose any new requirements, I certify that it does
not have a significant impact on any small entities affected. Moreover,
due to the nature of the federal-state relationship under the CAA,
preparation of a regulatory flexibility analysis would constitute
federal inquiry into the economic reasonableness of state action. The
CAA forbids EPA to base its actions concerning SIPs on such grounds.
Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976);
42 U.S.C. 7410(a)(2).
Redesignation of an area to attainment under section 107(d)(3)(e)
of the CAA does not impose any new requirements on small entities.
Redesignation is an action that affects the status of a geographical
area and does not impose any regulatory requirements on sources. The
Administrator certifies that the approval of the redesignation request
will not affect a substantial number of small entities.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead.
40 CFR Part 81
Air pollution control.
Dated: August 3, 1995.
Patrick M. Tobin,
Acting Regional Administrator.
Chapter I, title 40, Code of Federal Regulations, is amended as
follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42.U.S.C. 7401-7671q.
Subpart RR--Tennessee
2. Section 52.2236, is added to read as follows:
[[Page 43020]]
Sec. 52.2236 Control strategy; lead.
The Tennessee Department of Environment and Conservation has
submitted revisions to the Tennessee SIP on October 6, 1994. These
revisions address the requirements necessary to change an lead
nonattainment area to attainment. The maintenance plan for the Fayette
County area near Rossville, Tennessee is comprised of a maintenance
demonstration and NSR/PSD program. For areas where the only lead source
has shut down, these components are sufficient for an approvable
maintenance plan. The State's maintenance plan is complete and
satisfies all of the requirements of section 175(A) of the CAA.
PART 81--[AMENDED]
1. The authority citation for part 81 continues to read as follows:
Authority: 42.U.S.C. 7401-7671q.
Subpart C--Section 107 Attainment Status Designations
2. In Sec. 81.343 the lead table is amended by revising the entry
for Fayette County (part) to read as follows:
Sec. 81.343 Tennessee.
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Tennessee--Lead
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Designation Classification
Designated area ------------------------------------------------------------------------------------
Date Type Date Type
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Fayette County (part) Area Oct. 17, 1995............. Attainment
encompassed by a circle
centered on Universal
Transverse Mercator
coordinate 267.59 E,
3881.30 N (Zone 16) with a
radius of 1.0 kilometers.
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[FR Doc. 95-20191 Filed 8-17-95; 8:45 am]
BILLING CODE 6560-50-P