Approval and Promulgation of Air Quality Implementation Plans; Texas; Redesignation of the Collin County Area to Attainment the 2008 Lead Standard, 29426-29432 [2017-13479]
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Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Rules and Regulations
Dated: June 12, 2017.
Edward H. Chu,
Acting Regional Administrator, Region 7.
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
40 CFR Part 70
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
relations, Operating permits, Reporting
and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.1320, paragraph (c) is
amended by revising the entry for 10–
6.110 to read as follows:
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For the reasons stated in the
preamble, EPA amends 40 CFR parts 52
and 70 as set forth below:
§ 52.1320
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PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Identification of plan.
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(c) * * *
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1. The authority citation for part 52
continues to read as follows:
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EPA-APPROVED MISSOURI REGULATIONS
Missouri
citation
State
effective
date
Title
EPA approval
date
Explanation
Missouri Department of Natural Resources
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Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of
Missouri
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10–6.110 ..................
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Submission of Emission Data, Emission
Fees, and Process Information.
*
*
*
*
*
*
*
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PART 70—STATE OPERATING PERMIT
PROGRAMS
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12/14/11, 76 FR
77701.
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3. The authority citation for part 70
continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
4. Appendix A to part 70 is amended
by revising paragraph (ee) under
Missouri to read as follows:
■
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
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SUMMARY:
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Missouri
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(ee) The Missouri Department of Natural
Resources submitted revisions to Missouri
rule 10 CSR 10–6.110, ‘‘Reporting Emission
Data, Emission Fees, and Process
Information’’ on March 16, 2015. The state
effective date is March 30, 2015. This
revision is effective July 31, 2017.
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[FR Doc. 2017–13547 Filed 6–28–17; 8:45 am]
BILLING CODE 6560–50–P
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Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is taking direct final action to determine
the Collin County Lead (Pb) National
Ambient Air Quality Standard (NAAQS)
Nonattainment Area (NAA) has attained
the 2008 Pb NAAQS and to approve a
redesignation request for the area. In
directly approving the redesignation
request, EPA is also taking direct final
action to approve as revisions to the
Texas State Implementation Plan (SIP) a
maintenance plan for the 2008 Pb
NAAQS in the NAA submitted
November 2, 2016, an attainment
demonstration for the 2008 Pb NAAQS
submitted October 10, 2012, and a
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*
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second 10-year maintenance plan for the
1978 Pb NAAQS submitted September
15, 2009.
This rule is effective on
September 27, 2017 without further
notice, unless the EPA receives relevant
adverse comment by July 31, 2017. If the
EPA receives such comment, the EPA
will publish a timely withdrawal in the
Federal Register informing the public
that this rule will not take effect.
DATES:
Approval and Promulgation of Air
Quality Implementation Plans; Texas;
Redesignation of the Collin County
Area to Attainment the 2008 Lead
Standard
Appendix A to Part 70—Approval
Status of State and Local Operating
Permits Programs
*
*
Section (3)(A), Emissions Fees, has not
been approved as part of the SIP.
*
[EPA–R06–OAR–2009–0750; 9963–47–
Region 6]
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*
9/30/10
Submit your comments,
identified by Docket ID No. EPA–R06–
OAR–2009–0750, at https://
www.regulations.gov or via email to
todd.robert@epa.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
ADDRESSES:
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submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact Mr. Robert M. Todd, (214) 665–
2156, todd.robert@epa.gov. For the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available at
either location (e.g., CBI).
FOR FURTHER INFORMATION CONTACT:
Robert M. Todd, (214) 665–2156,
todd.robert@epa.gov. To inspect the
hard copy materials, please contact Mr.
Todd or Mr. Bill Deese (214) 665–7253.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
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I. What actions is EPA taking?
II. What is the background for these actions?
III. What are the criteria for evaluation of the
State’s redesignation request and SIP
revision requests?
IV. What is EPA’s analysis of the State’s three
requests?
V. What are the effects of EPA’s actions?
VI. Final Action
VII. Incorporation by Reference
VIII. Statutory and Executive Order Reviews
I. What actions is EPA taking?
EPA is taking several actions related
to the redesignation of the Collin
County, Texas area to attainment for the
2008 lead NAAQS. EPA is taking direct
final action to:
(1) Determine the Collin County Pb
NAA (comprising the part of Collin
County bounded to the north by latitude
33.153 North, to the east by longitude
96.822 West, to the south by latitude
33.131 North, and to the West by
longitude 96.837 West, which surrounds
the Exide Technologies property), has
attained the 2008 Pb NAAQS;
(2) Find that the requirements are met
for redesignation of the Collin County
NAA to attainment of the 2008 lead
NAAQS under section 107(d)(3)(E) of
the CAA and redesignate the NAA to
attainment for the 2008 lead NAAQS;
(3) Approve Texas’ first 10-year
Maintenance Plan for continued
maintenance of the 2008 Pb NAAQS in
the area as a revision to the Texas SIP;
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(4) Approve Texas’ October 10, 2012
attainment demonstration plan, to
comply with the 2008 Pb NAAQS; and,
(5) Approve Texas’ September 15,
2009 second 10-year Maintenance Plan
for continued maintenance of the 1978
lead NAAQS.
Our analysis for these actions are
discussed in detail in the technical
support document (TSD) for this action
and in summary in Section IV of this
action.
II. What is the background for these
actions?
Section 110 of the CAA requires states
to develop and submit to the EPA a SIP
to ensure that state air quality meets
NAAQSs. These ambient standards
currently address six criteria pollutants:
Carbon monoxide, nitrogen dioxide,
ozone, lead, particulate matter, and
sulfur dioxide. Each federally-approved
SIP protects air quality primarily by
addressing air pollution at its point of
origin through air pollution regulations
and control strategies. The EPA
approved SIP regulations and control
strategies are federally enforceable.
Lead is a metal found naturally in the
environment as well as in manufactured
products. The major sources of lead
emissions have historically been from
fuels used in on-road motor vehicles
(such as cars and trucks) and industrial
sources. As a result of EPA’s regulatory
efforts to remove lead from on-road
motor vehicle gasoline, emissions of
lead from the transportation sector
dramatically declined by 95 percent
between 1980 and 1999, and levels of
lead in the air decreased by 94 percent
between 1980 and 1999. Today, the
highest levels of lead in the air are
usually found near lead smelters. The
major sources of lead emissions to the
air today are ore and metals processing
facilities and piston-engine aircraft
operating on leaded aviation gasoline.
On November 12, 2008 (73 FR 66964),
EPA established the 2008 primary and
secondary lead NAAQS at 0.15
micrograms per cubic meter (mg/m3)
based on a maximum arithmetic 3month mean concentration for a 3-year
period. See 40 CFR 50.16. On November
22, 2010 (75 FR 71033), EPA published
its initial air quality designations and
classifications for the 2008 lead NAAQS
based upon air quality monitoring data
for calendar years 2007–2009. These
designations became effective on
December 31, 2010. See 40 CFR 81.344.
In 2012, Exide ceased operations as a
lead smelter and the entire production
area of the facility was dismantled.
There are no longer smelting operations
at the site and no longer any point
source emissions. Exide is in the
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process of doing site remediation under
its RCRA permit. The smelting
operation’s lead emissions were the
cause of the area’s nonattainment of the
lead NAAQS. Any future point source of
Pb emissions in the area would be
required to obtain a new source review
permit. In order to obtain a new source
review permit, a new facility would be
required to install best available control
technology to limit Pb emissions and
demonstrate a violation of the Pb
NAAQS would not result from
construction or operation.
On November 2, 2016, the Texas
Commission on Environmental Quality
(TCEQ) submitted a request that the
EPA redesignate the Collin County Pb
NAA as attainment for the 2008 Pb
NAAQS. The November 02, 2016
submittal from the state includes a
demonstration that the area monitors as
attainment for the 2008 Pb NAAQS, an
approvable SIP meeting the
requirements of Section 110 and Part D
of the CAA, an attainment emissions
inventory, a maintenance plan, a
monitoring plan and contingency
measures to assure compliance.
On October 10, 2012, TCEQ submitted
a SIP revision with an attainment
demonstration plan to comply with the
2008 Pb NAAQS as required by the
CAA. The submittal contained the
demonstration plan, monitoring plan,
contingency measures to bring the area
into compliance if an exceedance were
detected, a Pb emission inventory, a
demonstration the state employs a Pb
nonattainment New Source Review
program, a Pb Reasonably Available
Control Measure (RACM) analysis, a
Reasonably Achievable Control
Technology (RACT) analysis and a Pb
Reasonable Further Progress
demonstration. A full review of this
submittal can be found in the TSD for
this action which is located in the
docket at EPA–R06–OAR–2009–0750.
This attainment plan stipulates controls
and actions the Exide facility must
implement to bring the area into
attainment. However, since the facility’s
operations have ceased since this plan
was submitted, the controls specified
are no longer necessary as the controls
included in the plan apply to a facility
that no longer operates.
On September 15, 2009, TCEQ
submitted a second 10-year
maintenance plan to demonstrate
compliance with the 1978 Pb NAAQS as
required by the CAA. The 1978 Pb
NAAQS set the standard at 1.5 mg/m3,
averaged over a calendar year. EPA did
not take action on that submittal at the
time due to the 2008 revision of the Pb
NAAQS which significantly lowered the
1978 Pb standard. Efforts by the EPA
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and TCEQ were focused on bringing the
NAA into compliance with the more
stringent 2008 standard rather than
processing that submittal.
III. What are the criteria for evaluation
of the State’s redesignation request and
SIP revision requests?
A. The 2016 Request To Redesignate the
Collin County Pb NAA to Attainment
The CAA sets forth the requirements
for redesignation of a NAA to
attainment. Specifically, section
107(d)(3)(E) of the CAA allows for
redesignation provided that: (1) The
Administrator determines that the area
has attained the applicable NAAQS
based on current air quality data; (2) the
Administrator has fully approved an
applicable SIP for the area under section
110(k) of the CAA; (3) the Administrator
determines that the improvement in air
quality is due to permanent and
enforceable emission reductions
resulting from implementation of the
applicable SIP, Federal air pollution
control regulations, or other permanent
and enforceable emission reductions; (4)
the state containing the area has met all
requirements applicable to the area for
purposes of redesignation under section
110 and part D of the CAA; and (5) the
Administrator has fully approved a
maintenance plan for the area meeting
the requirements of section 175A of the
CAA.
B. The 2012 Attainment Plan for the
2008 Pb NAAQS
measures if a quarterly average exceeds
the 1978 Pb NAAQS of 1.5 mg/m3.
Section 172 of the CAA, along with
implementation guidance published by
EPA for the 2008 Pb standard,1 requires
the state to submit a SIP revision
containing an analysis of reasonably
available control measures and
reasonably available control technology;
a demonstration of attainment through
air dispersion modeling; a control
strategy demonstration; an emissions
inventory; a demonstration of
reasonable further progress and,
contingency measures to be undertaken
if the area fails to make reasonable
further progress or attain the NAAQS by
the attainment deadline.
IV. What is EPA’s analysis of the State’s
three requests?
C. The 2009 Second 10-Year
Maintenance Plan for the 1978 Pb
NAAQS
Texas submitted and requested our
approval of a second 10-year
maintenance plan. This plan is required
by Section 175A(b) of the CAA which
states that a state must submit a SIP
revision for maintenance of the Primary
NAAQS for a second 10-year period
following expiration of the first 10-year
maintenance plan. The maintenance
plan must contain a commitment to
monitor ambient air quality to
determine whether air quality meets the
NAAQS and a requirement to
implement one or more contingency
A. Analysis of the 2016 Request To
Redesignate the Collin County Pb NAA
To Attainment
EPA can approve a redesignation
request when five conditions are met.
We have determined all five conditions
are met and we are approving the state’s
redesignation request. The basis for this
analysis follows our established
procedures.2 A complete and thorough
analysis of how the Texas meets the
requirements for redesignation can be
found in the TSD to this notice. A brief
discussion of how these conditions are
met is presented below.
1. The Area Has Attained the 2008 Pb
NAAQS
Monitoring data for the area shows
that the 2008 Pb NAAQS was attained.
As demonstrated in Table 1, below, the
2013–2015 ‘‘design value’’ for the area
was 0.08 mg/m 3, well below the 2008 Pb
standard of 0.15 mg/m 3. Design values
are used to determine whether the
NAAQS is met (see page 4 of the
accompanying TSD). For convenience,
we are detailing the observed
monitoring data showing the area is in
attainment of the standard in Table 1
below;
TABLE 1—MONITORED LEAD DESIGN VALUES FOR THE COLLIN COUNTY LEAD NONATTAINMENT AREA
Site
identification
No.
480850003
480850007
480850009
480850029
Site name
........
........
........
........
Frisco
Frisco
Frisco
Frisco
2013 Annual
maximum
rolling three
month
average **
Site address *
5th Street ...............
7 .............................
Eubanks .................
Stonebrook .............
7471
6931
6601
7202
South 5th Street .......
Ash Street ................
Eubanks ...................
Stonebrook Parkway
2014 Annual
maximum
rolling three
month
average **
0.05
0.02
0.08
0.07
0.01
0.02
0.02
0.01
2015 Annual
maximum
rolling three
month
average **
Design value
2013–2015 **
0.01
0.00
0.01
0.01
0.05
0.02
0.08
0.07
* All locations in Frisco, Texas.
** μg/m 3.
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2. The Area Has a Fully Approved SIP
Section 110(k) of the CAA requires
the state meet all criteria for
completeness. This means all deadlines
for action; criteria for full, partial, or
conditional approval; and provisions for
SIP revisions and corrections must have
been met been met before we can
approve the state’s request for
redesignation from nonattainment to
attainment under the 2008 Pb NAAQS.
With our approval of the attainment
1 See
73 FR 66964, November 12, 2008.
‘‘Procedures for Processing Requests to
Redesignate Areas to Attainment’’ Memorandum
2 See
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demonstration SIP revision the area has
a fully approved SIP to address the 2008
Pb NAAQS (see page 5 of the TSD);
3. The Improvement in Air Quality Is
Due to Permanent and Enforceable
Emission Reductions
With the state’s demonstration that
the Exide facility has been permanently
shut down and that any future sources
of Pb emissions in the area will be
required to demonstrate compliance
with the 2008 Pb NAAQS, we find the
from John Calcagni, September 4, 1992. https://
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documents/calcagni_memo_-_procedures_for_
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improvement in air quality is due to
permanent and enforceable reductions
in emissions and applicable Federal air
pollution control regulations (see page 5
of the TSD);
4. The Area Has a Fully Approved
Maintenance Plan
The state has provided an appropriate
maintenance plan to assure on-going
attainment with the 2008 Pb NAAQS as
required by Section 175A of the CAA.
The maintenance plan submitted as part
processing_requests_to_redesignate_areas_to_
attainment_090492.pdf.
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of the redesignation request
demonstrates continued attainment of
the 2008 Pb NAAQS for at least ten
years by establishing an emission
inventory baseline and committing to
maintaining the Pb emission in the area
below the level at which the area
reached attainment. The state also
provided a commitment to revise the
maintenance plan for a second ten-year
period as required by Section 175A of
the CAA to assure compliance with the
2008 Pb NAAQS is maintained (see page
8 of the TSD).
As demonstrated in Table 1, above,
the annual maximum rolling threemonth average at any of the four
monitors in the NAA was 0.08 mg/m 3
well below the 2008 Pb standard of 0.15
mg/m 3. Therefore, the area has attained
the NAAQS and the State has
demonstrated that the area will
maintain attainment of the standard;
and,
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5. The Section 110 and Part D
Requirements for the 2008 Pb SIP Are
Met
We reviewed the Texas SIP submittals
and concluded they meet the general
SIP requirements under section 110 and
the specific Part D Nonattainment Area
requirements. The general requirements
under section 110 include SIP adoption
after reasonable public notice. The Part
D requirements include the attainment
demonstration being approved (see
pages 9–10 of the TSD).
B. The 2012 Request To Approve the
State’s Attainment Demonstration for
the 2008 Pb NAAQS
Section 172 of the CAA, along with
implementation guidance published by
EPA for the 2008 Pb standard,3 requires
the state to submit a SIP revision
containing an analysis of reasonably
available control measures and
reasonably available control technology;
a demonstration of attainment through
air dispersion modeling; a control
strategy demonstration; an emissions
inventory; a demonstration of
reasonable further progress, and
contingency measures.
On October 17, 2012, TCEQ submitted
a request to revise the Texas SIP for
control of Pb emission in the Collin
County NAA. The request addressed the
six necessary elements described in
Section III. B. above. A complete and
thorough analysis of the state’s October
17, 2012 submittal can be found in the
TSD to this action. As a result of our
analysis we are taking direct final action
to approve the state’s request for
approval to the SIP to include their plan
3 See
73 FR 66964, November 12, 2008.
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to demonstrate attainment with the 2008
Pb NAAQS. The TCEQ appropriately
addressed all of the required elements
and provided adequate public notice of
changes to state rules to bring about
compliance with the 2008 Pb NAAQS,
conducted a public hearing and
provided an opportunity for public
comment.
As part of the submittal the state
provided an enforceable commitment
from Exide in the form of an agreed
order that proscribed technical
improvements to the capture and
control of Pb particulate emissions
caused by the Exide lead acid recycling
operation. Before the new control
measures were to go into effect at the
facility, however, Exide decided to
cease operations. The entire production
area of the facility was dismantled.
There are no longer smelting operations
at the site and no longer any point
source emissions, therefore we do not
expect these control options to be
implemented. Exide is in the process of
doing site remediation under its RCRA
permit.
C. The 2009 Request To Approve the
Second 10-Year Maintenance Plan for
the 1978 Pb NAAQS
Section 175A(b) of the CAA requires
a state submit a SIP revision for
maintenance of the Primary NAAQS for
a second 10-year period following
expiration of the first 10-year
maintenance plan. As described in
Section III. C. above, the maintenance
plan must contain a commitment to
assure the ambient air quality meets the
NAAQS and a requirement to
implement one or more contingency
measures if a quarterly monitored
average ambient Pb value exceeds the
1978 Pb NAAQS of 1.5 mg/m3.
On September 23, 2009, TCEQ
submitted a SIP revision for the Collin
County area to include a second 10-year
maintenance plan for the 1978 Pb
NAAQS. The EPA had earlier found the
Collin County area to be in compliance
with the 1978 Pb NAAQS on December
13, 1999.4 The second 10-year
maintenance plan included: (1) An
Agreed Order with Exide assuring the
measures included in the maintenance
plant were legally enforceable; (2)
monitoring plans, to assure continued
compliance with the 1978 Pb standard;
and (3) action and contingency plans to
deal with measured exceedance of the
standard. We are taking direct final
action to approve the state’s revision to
the SIP. A complete analysis of the plan
4 See
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and our rationale for approval is
included in the TSD to this action.
V. What are the effects of EPA’s
actions?
This action approves the Texas’
redesignation request and changes the
legal designation of the portion of Collin
County, Texas in the vicinity of the
former Exide facility NAA from
nonattainment to attainment for the
2008 Pb NAAQS, found at 40 CFR part
81. This action approves the
maintenance plan SIP revision and
incorporates it into the EPA approved
Texas SIP a plan for maintaining the
2008 Pb NAAQS. This action approves
the SIP revisions for the 2008 Pb
NAAQS attainment demonstration and
the second 10-year maintenance plan for
the 1978 Pb NAAQS and will
incorporate these revisions into the EPA
approved Texas SIP.
VI. Final Action
We are approving a request from the
State of Texas to redesignate the Collin
County Pb NAA to attainment for the
2008 Pb NAAQS. We determined that
the Collin County Pb NAA has attained
the 2008 Pb NAAQS, based on
complete, quality-assured, and certified
ambient air quality monitoring data for
2013–2015. In approving the
redesignation request, we also approve
as a revision to the Texas SIP, a
maintenance plan for the 2008 Pb
NAAQS in the NAA. We are also
approving as revisions to the Texas SIP
an attainment demonstration for the
2008 Pb NAAQS, which includes an
Agreed Order for the Exide facility, and
a second 10-year maintenance plan for
the 1978 Pb NAAQS.
The EPA is publishing this rule
without prior proposal because we view
this as a non-controversial amendment
and anticipate no relevant adverse
comments. However, in the proposed
rules section of this Federal Register
publication, we are publishing a
separate document that will serve as the
proposal to approve the SIP revision if
relevant adverse comments are received.
This rule will be effective on September
27, 2017 without further notice unless
we receive relevant adverse comment by
July 31, 2017. If we receive relevant
adverse comments, we will publish a
timely withdrawal in the Federal
Register informing the public that the
rule will not take effect. We will address
all public comments in a subsequent
final rule based on the proposed rule.
We will not institute a second comment
period on this action. Any parties
interested in commenting must do so
now. Please note that if we receive
relevant adverse comment on an
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amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
we may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
VII. Incorporation by Reference
In this rule, we are finalizing
regulatory text that includes
incorporation by reference. In
accordance with the requirements of 1
CFR 51.5, we are finalizing the
incorporation by reference the Agreed
Order for Exide Technologies as
described in the Final Action section
above. We have made, and will continue
to make, these documents generally
available electronically through
www.regulations.gov and/or in hard
copy at the EPA Region 6 office.
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VIII. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
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• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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 cannot 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).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by August 28, 2017. 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
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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).)
Samuel Coleman was designated the
Acting Regional Administrator on June
14, 2017 through the order of succession
outlined in Regional Order R6–1110.13,
a copy of which is included in the
docket for this action.
List of Subjects
40 CFR 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Lead, Reporting and recordkeeping
requirements.
40 CFR 81
Environmental protection, Air
pollution control.
Dated: June 14, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.
40 CFR parts 52 and 81 are amended
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart SS—Texas
2. In § 52.2270:
a. In paragraph (d), the table titled
‘‘EPA Approved Texas Source-Specific
Requirements’’ is amended by adding an
entry for ‘‘Exide Technologies’’ at the
end of the table.
■ b. In paragraph (e), the second table
titled ‘‘EPA Approved Nonregulatory
Provisions and Quasi-Regulatory
Measures in the Texas SIP’’ is amended
by adding entries for ‘‘Second 10-year
Lead maintenance plan for 1978 Lead
NAAQS’’, ‘‘Lead Attainment
Demonstration for 2008 Lead NAAQS’’,
and ‘‘Maintenance Plan for 2008 Lead
NAAQS’’ at the end of the table.
The additions read as follows:
■
■
§ 52.2270
*
Identification of plan.
*
*
(d) * * *
E:\FR\FM\29JNR1.SGM
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*
*
29431
Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Rules and Regulations
EPA APPROVED TEXAS SOURCE-SPECIFIC REQUIREMENTS
Permit or order No.
State effective
date
*
*
*
Exide Technologies ................ Agreed Order No. 2011–
0521–MIS.
*
8/14/2012
Name of source
EPA approval date
Comments
*
6/29/2017, [Insert Federal
Register citation].
*
*
(e) * * *
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
Name of SIP provision
Applicable geographic or nonattainment area
*
*
*
Second 10-year Lead mainte- Collin County, TX ...................
nance plan for 1978 Lead
NAAQS.
Lead Attainment DemonstraCollin County, TX ...................
tion for 2008 Lead NAAQS.
Maintenance Plan for 2008
Collin County, TX ...................
Lead NAAQS.
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
3. The authority citation for part 81
continues to read as follows:
■
State
Submittal/
effective
date
EPA approval date
*
9/15/2009
*
6/29/2017, [Insert Federal
Register citation].
10/10/2012
Comments
6/29/2017, [Insert Federal
Register citation].
6/29/2017, [Insert Federal
Register citation].
11/02/2016
Authority: 42 U.S.C. 7401, et seq.
4. In § 81.344, the table titled ‘‘Texas2008 Lead NAAQS’’ is amended by
revising the entry for Frisco, TX to read
as follows:
■
§ 81.344
*
*
*
*
Texas.
*
*
*
TEXAS—2008 LEAD NAAQS
Designation for the 2008
NAAQS a
Designated area
Date 1
*
*
*
*
*
Frisco, TX ..............................................................................................................................................................
Collin County (part)
The area immediately surrounding the Exide Technologies battery recycling plant in Frisco, bounded to the north by latitude 33.153 North, to the east by longitude 96.822 West, to the south by
latitude 33.131 North, and to the west by longitude 96.837 West.
*
*
*
*
*
*
a Includes
Indian County located in each county or area, except as otherwise specified.
31, 2011 unless otherwise noted.
1 December
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9/27/2017
Type
*
Attainment
*
29432
Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–R04–OAR–2017–0209; FRL–9964–32–
Region 4]
Approval of Section 112(l) Authority for
Hazardous Air Pollutants; Equivalency
by Permit Provisions; National
Emission Standards for Hazardous Air
Pollutants; Plating and Polishing
Operations
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
On December 12, 2016,
pursuant to section 112(l) of the Clean
Air Act (CAA), the Tennessee
Department of Environment and
Conservation (TDEC) requested
approval to implement and enforce
State permit terms and conditions that
substitute for the National Emission
Standards for Hazardous Air Pollutants
(NESHAP) from Plating and Polishing
Operations with respect to the operation
of the Ellison Surface Technologies,
Inc., facility in Morgan County,
Tennessee (Ellison). The Environmental
Protection Agency is approving this
request, and thus, granting TDEC the
authority to implement and enforce
alternative requirements in the form of
title V permit terms and conditions after
the EPA has approved the State’s
alternative requirements.
DATES: This direct final rule is August
28, 2017 without further notice, unless
the EPA receives adverse comment by
July 31, 2017. If the EPA receives such
comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2017–0209 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
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SUMMARY:
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submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
Copies of all comments must also be
sent concurrently to TDEC either via
hard copy to Tennessee Department of
Environment and Conservation, 312
Rosa L. Parks Avenue, Floor 15,
Nashville, Tennessee 37243–1102,
attention: Michelle Walker; or via
electronic mail to michelle.b.walker@
tn.gov.
Lee
Page, South Air Enforcement and Toxics
Section, Air Enforcement and Toxics
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Mr. Page
can be reached via telephone at (404)
562–9131 and via electronic mail at
page.lee@epa.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Background
Pursuant to section 112 of the CAA,
EPA promulgates NESHAPs for various
categories of air pollution sources. On
July 1, 2008, the EPA promulgated the
NESHAP for Plating and Polishing
Operations (see 73 FR 37741) which is
codified in 40 CFR part 63, subpart
WWWWWW, ‘‘National Emission
Standards for Hazardous Air Pollutants:
Area Source Standards for Plating and
Polishing Operations.’’ Ellison performs
plating and polishing operations and is
subject to subpart WWWWWW.
Under CAA section 112(l), the EPA
may approve state or local rules or
programs to be implemented and
enforced in place of certain otherwise
applicable CAA section 112 Federal
rules, emission standards, or
requirements. The Federal regulations
governing EPA’s approval of state and
local rules or programs under section
112(l) are located at 40 CFR part 63,
subpart E (see 65 FR 55810, dated
September 14, 2000). Under these
regulations, a state or local air pollution
control agency has the option to request
the EPA’s approval to substitute
alternative requirements and authorities
that take the form of title V permit terms
and conditions instead of source
category regulations. This option is
referred to as the equivalency by permit
(EBP) option. To receive the EPA
approval of an EBP program, the
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requirements of 40 CFR 63.91 and 63.94
must be met.
The EBP process comprises three
steps. The first step (see 40 CFR 63.94(a)
and (b)) is the ‘‘up-front approval’’ of
the state EBP program. The second step
(see 40 CFR 63.94(c) and (d)) is the EPA
review and approval of the state
alternative section 112 requirements in
the form of pre-draft permit terms and
conditions. The third step (see 40 CFR
63.94(e)) is incorporation of the
approved pre-draft permit terms and
conditions into a specific title V permit
and the title V permit issuance process
itself. The final approval of the state
alternative requirements that substitute
for the Federal standard does not occur
for purposes of the Act, section
112(l)(5), until the completion of step
three.
The purpose of step one, the ‘‘up-front
approval’’ of the EBP program, is three
fold: (1) It ensures that the State meets
the criteria of 40 CFR 63.91(d) for upfront approval common to all approval
options; (2) it provides a legal
foundation for the State to replace the
otherwise applicable Federal section
112 requirements that will be reflected
in final title V permit terms and
conditions; and (3) it delineates the
specific sources and Federal emission
standards for which the State will be
accepting delegation under the EBP
option.
On December 12, 2016, TDEC
requested delegation of authority to
implement and enforce title V permit
terms and requirements for Ellison as an
alternative to those of subpart
WWWWWW. As part of its request to
implement and enforce alternative terms
and conditions in place of the otherwise
applicable Federal section 112 standard,
TDEC submitted information intended
to satisfy the requirements necessary for
‘‘up front approval’’ of the EBP program.
II. Analysis of State’s Submittal
The EPA has reviewed TDEC’s
submittal and has concluded that the
State meets the requirements for ‘‘upfront approval’’ of its EBP program
which are specified at 40 CFR 63.94(b)
and 63.91(d). The requirements a State
or local agency must meet can be
summarized as follows: (1) Identify the
source(s) for which the State seeks
authority to implement and enforce
alternative requirements; (2) request
delegation (or have delegation) for any
remaining sources that are in the same
category as the source(s) for which it
wishes to establish alternative
requirements; (3) identify all existing
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[Federal Register Volume 82, Number 124 (Thursday, June 29, 2017)]
[Rules and Regulations]
[Pages 29426-29432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13479]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R06-OAR-2009-0750; 9963-47-Region 6]
Approval and Promulgation of Air Quality Implementation Plans;
Texas; Redesignation of the Collin County Area to Attainment the 2008
Lead Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is taking direct final action to
determine the Collin County Lead (Pb) National Ambient Air Quality
Standard (NAAQS) Nonattainment Area (NAA) has attained the 2008 Pb
NAAQS and to approve a redesignation request for the area. In directly
approving the redesignation request, EPA is also taking direct final
action to approve as revisions to the Texas State Implementation Plan
(SIP) a maintenance plan for the 2008 Pb NAAQS in the NAA submitted
November 2, 2016, an attainment demonstration for the 2008 Pb NAAQS
submitted October 10, 2012, and a second 10-year maintenance plan for
the 1978 Pb NAAQS submitted September 15, 2009.
DATES: This rule is effective on September 27, 2017 without further
notice, unless the EPA receives relevant adverse comment by July 31,
2017. If the EPA receives such comment, the EPA will publish a timely
withdrawal in the Federal Register informing the public that this rule
will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R06-
OAR-2009-0750, at https://www.regulations.gov or via email to
todd.robert@epa.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
[[Page 29427]]
submission (i.e. on the web, cloud, or other file sharing system). For
additional submission methods, please contact Mr. Robert M. Todd, (214)
665-2156, todd.robert@epa.gov. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available at either location (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Robert M. Todd, (214) 665-2156,
todd.robert@epa.gov. To inspect the hard copy materials, please contact
Mr. Todd or Mr. Bill Deese (214) 665-7253.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What actions is EPA taking?
II. What is the background for these actions?
III. What are the criteria for evaluation of the State's
redesignation request and SIP revision requests?
IV. What is EPA's analysis of the State's three requests?
V. What are the effects of EPA's actions?
VI. Final Action
VII. Incorporation by Reference
VIII. Statutory and Executive Order Reviews
I. What actions is EPA taking?
EPA is taking several actions related to the redesignation of the
Collin County, Texas area to attainment for the 2008 lead NAAQS. EPA is
taking direct final action to:
(1) Determine the Collin County Pb NAA (comprising the part of
Collin County bounded to the north by latitude 33.153 North, to the
east by longitude 96.822 West, to the south by latitude 33.131 North,
and to the West by longitude 96.837 West, which surrounds the Exide
Technologies property), has attained the 2008 Pb NAAQS;
(2) Find that the requirements are met for redesignation of the
Collin County NAA to attainment of the 2008 lead NAAQS under section
107(d)(3)(E) of the CAA and redesignate the NAA to attainment for the
2008 lead NAAQS;
(3) Approve Texas' first 10-year Maintenance Plan for continued
maintenance of the 2008 Pb NAAQS in the area as a revision to the Texas
SIP;
(4) Approve Texas' October 10, 2012 attainment demonstration plan,
to comply with the 2008 Pb NAAQS; and,
(5) Approve Texas' September 15, 2009 second 10-year Maintenance
Plan for continued maintenance of the 1978 lead NAAQS.
Our analysis for these actions are discussed in detail in the
technical support document (TSD) for this action and in summary in
Section IV of this action.
II. What is the background for these actions?
Section 110 of the CAA requires states to develop and submit to the
EPA a SIP to ensure that state air quality meets NAAQSs. These ambient
standards currently address six criteria pollutants: Carbon monoxide,
nitrogen dioxide, ozone, lead, particulate matter, and sulfur dioxide.
Each federally-approved SIP protects air quality primarily by
addressing air pollution at its point of origin through air pollution
regulations and control strategies. The EPA approved SIP regulations
and control strategies are federally enforceable.
Lead is a metal found naturally in the environment as well as in
manufactured products. The major sources of lead emissions have
historically been from fuels used in on-road motor vehicles (such as
cars and trucks) and industrial sources. As a result of EPA's
regulatory efforts to remove lead from on-road motor vehicle gasoline,
emissions of lead from the transportation sector dramatically declined
by 95 percent between 1980 and 1999, and levels of lead in the air
decreased by 94 percent between 1980 and 1999. Today, the highest
levels of lead in the air are usually found near lead smelters. The
major sources of lead emissions to the air today are ore and metals
processing facilities and piston-engine aircraft operating on leaded
aviation gasoline.
On November 12, 2008 (73 FR 66964), EPA established the 2008
primary and secondary lead NAAQS at 0.15 micrograms per cubic meter
([mu]g/m\3\) based on a maximum arithmetic 3- month mean concentration
for a 3-year period. See 40 CFR 50.16. On November 22, 2010 (75 FR
71033), EPA published its initial air quality designations and
classifications for the 2008 lead NAAQS based upon air quality
monitoring data for calendar years 2007-2009. These designations became
effective on December 31, 2010. See 40 CFR 81.344.
In 2012, Exide ceased operations as a lead smelter and the entire
production area of the facility was dismantled. There are no longer
smelting operations at the site and no longer any point source
emissions. Exide is in the process of doing site remediation under its
RCRA permit. The smelting operation's lead emissions were the cause of
the area's nonattainment of the lead NAAQS. Any future point source of
Pb emissions in the area would be required to obtain a new source
review permit. In order to obtain a new source review permit, a new
facility would be required to install best available control technology
to limit Pb emissions and demonstrate a violation of the Pb NAAQS would
not result from construction or operation.
On November 2, 2016, the Texas Commission on Environmental Quality
(TCEQ) submitted a request that the EPA redesignate the Collin County
Pb NAA as attainment for the 2008 Pb NAAQS. The November 02, 2016
submittal from the state includes a demonstration that the area
monitors as attainment for the 2008 Pb NAAQS, an approvable SIP meeting
the requirements of Section 110 and Part D of the CAA, an attainment
emissions inventory, a maintenance plan, a monitoring plan and
contingency measures to assure compliance.
On October 10, 2012, TCEQ submitted a SIP revision with an
attainment demonstration plan to comply with the 2008 Pb NAAQS as
required by the CAA. The submittal contained the demonstration plan,
monitoring plan, contingency measures to bring the area into compliance
if an exceedance were detected, a Pb emission inventory, a
demonstration the state employs a Pb nonattainment New Source Review
program, a Pb Reasonably Available Control Measure (RACM) analysis, a
Reasonably Achievable Control Technology (RACT) analysis and a Pb
Reasonable Further Progress demonstration. A full review of this
submittal can be found in the TSD for this action which is located in
the docket at EPA-R06-OAR-2009-0750. This attainment plan stipulates
controls and actions the Exide facility must implement to bring the
area into attainment. However, since the facility's operations have
ceased since this plan was submitted, the controls specified are no
longer necessary as the controls included in the plan apply to a
facility that no longer operates.
On September 15, 2009, TCEQ submitted a second 10-year maintenance
plan to demonstrate compliance with the 1978 Pb NAAQS as required by
the CAA. The 1978 Pb NAAQS set the standard at 1.5 [mu]g/m\3\, averaged
over a calendar year. EPA did not take action on that submittal at the
time due to the 2008 revision of the Pb NAAQS which significantly
lowered the 1978 Pb standard. Efforts by the EPA
[[Page 29428]]
and TCEQ were focused on bringing the NAA into compliance with the more
stringent 2008 standard rather than processing that submittal.
III. What are the criteria for evaluation of the State's redesignation
request and SIP revision requests?
A. The 2016 Request To Redesignate the Collin County Pb NAA to
Attainment
The CAA sets forth the requirements for redesignation of a NAA to
attainment. Specifically, section 107(d)(3)(E) of the CAA allows for
redesignation provided that: (1) The Administrator determines that the
area has attained the applicable NAAQS based on current air quality
data; (2) the Administrator has fully approved an applicable SIP for
the area under section 110(k) of the CAA; (3) the Administrator
determines that the improvement in air quality is due to permanent and
enforceable emission reductions resulting from implementation of the
applicable SIP, Federal air pollution control regulations, or other
permanent and enforceable emission reductions; (4) the state containing
the area has met all requirements applicable to the area for purposes
of redesignation under section 110 and part D of the CAA; and (5) the
Administrator has fully approved a maintenance plan for the area
meeting the requirements of section 175A of the CAA.
B. The 2012 Attainment Plan for the 2008 Pb NAAQS
Section 172 of the CAA, along with implementation guidance
published by EPA for the 2008 Pb standard,\1\ requires the state to
submit a SIP revision containing an analysis of reasonably available
control measures and reasonably available control technology; a
demonstration of attainment through air dispersion modeling; a control
strategy demonstration; an emissions inventory; a demonstration of
reasonable further progress and, contingency measures to be undertaken
if the area fails to make reasonable further progress or attain the
NAAQS by the attainment deadline.
---------------------------------------------------------------------------
\1\ See 73 FR 66964, November 12, 2008.
---------------------------------------------------------------------------
C. The 2009 Second 10-Year Maintenance Plan for the 1978 Pb NAAQS
Texas submitted and requested our approval of a second 10-year
maintenance plan. This plan is required by Section 175A(b) of the CAA
which states that a state must submit a SIP revision for maintenance of
the Primary NAAQS for a second 10-year period following expiration of
the first 10-year maintenance plan. The maintenance plan must contain a
commitment to monitor ambient air quality to determine whether air
quality meets the NAAQS and a requirement to implement one or more
contingency measures if a quarterly average exceeds the 1978 Pb NAAQS
of 1.5 [mu]g/m\3\.
IV. What is EPA's analysis of the State's three requests?
A. Analysis of the 2016 Request To Redesignate the Collin County Pb NAA
To Attainment
EPA can approve a redesignation request when five conditions are
met. We have determined all five conditions are met and we are
approving the state's redesignation request. The basis for this
analysis follows our established procedures.\2\ A complete and thorough
analysis of how the Texas meets the requirements for redesignation can
be found in the TSD to this notice. A brief discussion of how these
conditions are met is presented below.
---------------------------------------------------------------------------
\2\ See ``Procedures for Processing Requests to Redesignate
Areas to Attainment'' Memorandum from John Calcagni, September 4,
1992. https://www.epa.gov/sites/production/files/2016-03/documents/calcagni_memo_-_procedures_for_processing_requests_to_redesignate_areas_to_attainment_090492.pdf.
---------------------------------------------------------------------------
1. The Area Has Attained the 2008 Pb NAAQS
Monitoring data for the area shows that the 2008 Pb NAAQS was
attained. As demonstrated in Table 1, below, the 2013-2015 ``design
value'' for the area was 0.08 [mu]g/m \3\, well below the 2008 Pb
standard of 0.15 [mu]g/m \3\. Design values are used to determine
whether the NAAQS is met (see page 4 of the accompanying TSD). For
convenience, we are detailing the observed monitoring data showing the
area is in attainment of the standard in Table 1 below;
Table 1--Monitored Lead Design Values for the Collin County Lead Nonattainment Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
2013 Annual 2014 Annual 2015 Annual
maximum maximum maximum
Site identification No. Site name Site address * rolling three rolling three rolling three Design value
month average month average month average 2013-2015 **
** ** **
--------------------------------------------------------------------------------------------------------------------------------------------------------
480850003....................... Frisco 5th Street......... 7471 South 5th Street..... 0.05 0.01 0.01 0.05
480850007....................... Frisco 7.................. 6931 Ash Street........... 0.02 0.02 0.00 0.02
480850009....................... Frisco Eubanks............ 6601 Eubanks.............. 0.08 0.02 0.01 0.08
480850029....................... Frisco Stonebrook......... 7202 Stonebrook Parkway... 0.07 0.01 0.01 0.07
--------------------------------------------------------------------------------------------------------------------------------------------------------
* All locations in Frisco, Texas.
** [mu]g/m \3\.
2. The Area Has a Fully Approved SIP
Section 110(k) of the CAA requires the state meet all criteria for
completeness. This means all deadlines for action; criteria for full,
partial, or conditional approval; and provisions for SIP revisions and
corrections must have been met been met before we can approve the
state's request for redesignation from nonattainment to attainment
under the 2008 Pb NAAQS. With our approval of the attainment
demonstration SIP revision the area has a fully approved SIP to address
the 2008 Pb NAAQS (see page 5 of the TSD);
3. The Improvement in Air Quality Is Due to Permanent and Enforceable
Emission Reductions
With the state's demonstration that the Exide facility has been
permanently shut down and that any future sources of Pb emissions in
the area will be required to demonstrate compliance with the 2008 Pb
NAAQS, we find the improvement in air quality is due to permanent and
enforceable reductions in emissions and applicable Federal air
pollution control regulations (see page 5 of the TSD);
4. The Area Has a Fully Approved Maintenance Plan
The state has provided an appropriate maintenance plan to assure
on-going attainment with the 2008 Pb NAAQS as required by Section 175A
of the CAA. The maintenance plan submitted as part
[[Page 29429]]
of the redesignation request demonstrates continued attainment of the
2008 Pb NAAQS for at least ten years by establishing an emission
inventory baseline and committing to maintaining the Pb emission in the
area below the level at which the area reached attainment. The state
also provided a commitment to revise the maintenance plan for a second
ten-year period as required by Section 175A of the CAA to assure
compliance with the 2008 Pb NAAQS is maintained (see page 8 of the
TSD).
As demonstrated in Table 1, above, the annual maximum rolling
three-month average at any of the four monitors in the NAA was 0.08
[mu]g/m \3\ well below the 2008 Pb standard of 0.15 [mu]g/m \3\.
Therefore, the area has attained the NAAQS and the State has
demonstrated that the area will maintain attainment of the standard;
and,
5. The Section 110 and Part D Requirements for the 2008 Pb SIP Are Met
We reviewed the Texas SIP submittals and concluded they meet the
general SIP requirements under section 110 and the specific Part D
Nonattainment Area requirements. The general requirements under section
110 include SIP adoption after reasonable public notice. The Part D
requirements include the attainment demonstration being approved (see
pages 9-10 of the TSD).
B. The 2012 Request To Approve the State's Attainment Demonstration for
the 2008 Pb NAAQS
Section 172 of the CAA, along with implementation guidance
published by EPA for the 2008 Pb standard,\3\ requires the state to
submit a SIP revision containing an analysis of reasonably available
control measures and reasonably available control technology; a
demonstration of attainment through air dispersion modeling; a control
strategy demonstration; an emissions inventory; a demonstration of
reasonable further progress, and contingency measures.
---------------------------------------------------------------------------
\3\ See 73 FR 66964, November 12, 2008.
---------------------------------------------------------------------------
On October 17, 2012, TCEQ submitted a request to revise the Texas
SIP for control of Pb emission in the Collin County NAA. The request
addressed the six necessary elements described in Section III. B.
above. A complete and thorough analysis of the state's October 17, 2012
submittal can be found in the TSD to this action. As a result of our
analysis we are taking direct final action to approve the state's
request for approval to the SIP to include their plan to demonstrate
attainment with the 2008 Pb NAAQS. The TCEQ appropriately addressed all
of the required elements and provided adequate public notice of changes
to state rules to bring about compliance with the 2008 Pb NAAQS,
conducted a public hearing and provided an opportunity for public
comment.
As part of the submittal the state provided an enforceable
commitment from Exide in the form of an agreed order that proscribed
technical improvements to the capture and control of Pb particulate
emissions caused by the Exide lead acid recycling operation. Before the
new control measures were to go into effect at the facility, however,
Exide decided to cease operations. The entire production area of the
facility was dismantled. There are no longer smelting operations at the
site and no longer any point source emissions, therefore we do not
expect these control options to be implemented. Exide is in the process
of doing site remediation under its RCRA permit.
C. The 2009 Request To Approve the Second 10-Year Maintenance Plan for
the 1978 Pb NAAQS
Section 175A(b) of the CAA requires a state submit a SIP revision
for maintenance of the Primary NAAQS for a second 10-year period
following expiration of the first 10-year maintenance plan. As
described in Section III. C. above, the maintenance plan must contain a
commitment to assure the ambient air quality meets the NAAQS and a
requirement to implement one or more contingency measures if a
quarterly monitored average ambient Pb value exceeds the 1978 Pb NAAQS
of 1.5 [mu]g/m\3\.
On September 23, 2009, TCEQ submitted a SIP revision for the Collin
County area to include a second 10-year maintenance plan for the 1978
Pb NAAQS. The EPA had earlier found the Collin County area to be in
compliance with the 1978 Pb NAAQS on December 13, 1999.\4\ The second
10-year maintenance plan included: (1) An Agreed Order with Exide
assuring the measures included in the maintenance plant were legally
enforceable; (2) monitoring plans, to assure continued compliance with
the 1978 Pb standard; and (3) action and contingency plans to deal with
measured exceedance of the standard. We are taking direct final action
to approve the state's revision to the SIP. A complete analysis of the
plan and our rationale for approval is included in the TSD to this
action.
---------------------------------------------------------------------------
\4\ See 64 FR 60930.
---------------------------------------------------------------------------
V. What are the effects of EPA's actions?
This action approves the Texas' redesignation request and changes
the legal designation of the portion of Collin County, Texas in the
vicinity of the former Exide facility NAA from nonattainment to
attainment for the 2008 Pb NAAQS, found at 40 CFR part 81. This action
approves the maintenance plan SIP revision and incorporates it into the
EPA approved Texas SIP a plan for maintaining the 2008 Pb NAAQS. This
action approves the SIP revisions for the 2008 Pb NAAQS attainment
demonstration and the second 10-year maintenance plan for the 1978 Pb
NAAQS and will incorporate these revisions into the EPA approved Texas
SIP.
VI. Final Action
We are approving a request from the State of Texas to redesignate
the Collin County Pb NAA to attainment for the 2008 Pb NAAQS. We
determined that the Collin County Pb NAA has attained the 2008 Pb
NAAQS, based on complete, quality-assured, and certified ambient air
quality monitoring data for 2013-2015. In approving the redesignation
request, we also approve as a revision to the Texas SIP, a maintenance
plan for the 2008 Pb NAAQS in the NAA. We are also approving as
revisions to the Texas SIP an attainment demonstration for the 2008 Pb
NAAQS, which includes an Agreed Order for the Exide facility, and a
second 10-year maintenance plan for the 1978 Pb NAAQS.
The EPA is publishing this rule without prior proposal because we
view this as a non-controversial amendment and anticipate no relevant
adverse comments. However, in the proposed rules section of this
Federal Register publication, we are publishing a separate document
that will serve as the proposal to approve the SIP revision if relevant
adverse comments are received. This rule will be effective on September
27, 2017 without further notice unless we receive relevant adverse
comment by July 31, 2017. If we receive relevant adverse comments, we
will publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. We will address all public
comments in a subsequent final rule based on the proposed rule. We will
not institute a second comment period on this action. Any parties
interested in commenting must do so now. Please note that if we receive
relevant adverse comment on an
[[Page 29430]]
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, we may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
VII. Incorporation by Reference
In this rule, we are finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, we are finalizing the incorporation by reference the Agreed
Order for Exide Technologies as described in the Final Action section
above. We have made, and will continue to make, these documents
generally available electronically through www.regulations.gov and/or
in hard copy at the EPA Region 6 office.
VIII. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
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 cannot
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).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 28, 2017. 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).)
Samuel Coleman was designated the Acting Regional Administrator on
June 14, 2017 through the order of succession outlined in Regional
Order R6-1110.13, a copy of which is included in the docket for this
action.
List of Subjects
40 CFR 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, Reporting and
recordkeeping requirements.
40 CFR 81
Environmental protection, Air pollution control.
Dated: June 14, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.
40 CFR parts 52 and 81 are amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart SS--Texas
0
2. In Sec. 52.2270:
0
a. In paragraph (d), the table titled ``EPA Approved Texas Source-
Specific Requirements'' is amended by adding an entry for ``Exide
Technologies'' at the end of the table.
0
b. In paragraph (e), the second table titled ``EPA Approved
Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas
SIP'' is amended by adding entries for ``Second 10-year Lead
maintenance plan for 1978 Lead NAAQS'', ``Lead Attainment Demonstration
for 2008 Lead NAAQS'', and ``Maintenance Plan for 2008 Lead NAAQS'' at
the end of the table.
The additions read as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(d) * * *
[[Page 29431]]
EPA Approved Texas Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
State
Name of source Permit or order No. effective date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Exide Technologies............... Agreed Order No. 8/14/2012 6/29/2017, [Insert ...................
2011-0521-MIS. Federal Register
citation].
----------------------------------------------------------------------------------------------------------------
(e) * * *
EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of SIP provision geographic or Submittal/ EPA approval date Comments
nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Second 10-year Lead maintenance Collin County, TX.. 9/15/2009 6/29/2017, [Insert ...................
plan for 1978 Lead NAAQS. Federal Register
citation].
Lead Attainment Demonstration for Collin County, TX.. 10/10/2012 6/29/2017, [Insert ...................
2008 Lead NAAQS. Federal Register
citation].
Maintenance Plan for 2008 Lead Collin County, TX.. 11/02/2016 6/29/2017, [Insert ...................
NAAQS. Federal Register
citation].
----------------------------------------------------------------------------------------------------------------
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
4. In Sec. 81.344, the table titled ``Texas-2008 Lead NAAQS'' is
amended by revising the entry for Frisco, TX to read as follows:
Sec. 81.344 Texas.
* * * * *
Texas--2008 Lead NAAQS
----------------------------------------------------------------------------------------------------------------
Designation for the 2008 NAAQS \a\
Designated area ------------------------------------------------------
Date \1\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Frisco, TX............................................... 9/27/2017 Attainment
Collin County (part)
The area immediately surrounding the Exide
Technologies battery recycling plant in Frisco,
bounded to the north by latitude 33.153 North,
to the east by longitude 96.822 West, to the
south by latitude 33.131 North, and to the west
by longitude 96.837 West.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian County located in each county or area, except as otherwise specified.
\1\ December 31, 2011 unless otherwise noted.
[FR Doc. 2017-13479 Filed 6-28-17; 8:45 am]
BILLING CODE 6560-50-P
