Approval and Promulgation of Implementation Plans; Texas; Control of Emissions of Nitrogen Oxides (NOX, 39911-39915 [E8-15812]
Download as PDF
<![CDATA[
39911
Federal Register / Vol. 73, No. 134 / Friday, July 11, 2008 / Proposed Rules
TABLE 12.—NOX COMPLIANCE SCHEDULES FOR POINT SOURCES UNDER CHAPTER 117—Continued
Source
Compliance date
Additional information
East Texas ..................
Stationary RICE comply with NOX requirements by no later than
March 1, 2010.
East Texas combustion sources.
Including these compliance dates,
summarized in Table 12 above, in the
rule provides for enforceability and
practicability of the NOX rule, and
enhances the May 30, 2007 Texas SIP;
therefore, we are proposing their
approval into the May 30, 2007 Texas
SIP.
cprice-sewell on PRODPC61 with PROPOSALS
III. Proposed Actions
Today, we are proposing to approve
revisions to the 30 TAC Chapter 117
into the Texas SIP. This rulemaking
covers four separate actions. First, we
are proposing to approve the repeal of
all non-substantive changes to the SIP’s
Chapter 117 rules and the reformatting
of current Chapter 117 because the
reformatted revision will better
accommodate future additions/revisions
to the rules. Second, we are proposing
to approve substantive revisions to the
current NOX SIP’s Chapter 117 rules for
D/FW NOX major point sources. Third,
we are proposing to approve substantive
revisions to the current Texas SIP’s
Chapter 117 rules for D/FW minor
sources of NOX. Fourth, we are
proposing to approve substantive
revisions to the current Texas SIP’s
Chapter 117 rules for combustion
sources in East Texas. These NOX
reductions will assist the D/FW area in
attaining the 8-hour ozone NAAQS.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, 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, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this proposed 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 proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
VerDate Aug<31>2005
17:15 Jul 10, 2008
Jkt 214001
• 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 (Public Law 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 Clean Air Act;
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, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
Authority: 42 U.S.C. 7401 et seq.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Hydrocarbons,
Incorporation by reference,
Intergovernmental relations, Nitrogen
oxide, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: July 1, 2008.
Richard E. Greene,
Regional Administrator, Region 6.
[FR Doc. E8–15814 Filed 7–10–08; 8:45 am]
BILLING CODE 6560–50–P
PO 00000
Frm 00015
Fmt 4702
Sfmt 4702
Citation
117.9340(a).
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2007–1147; FRL–8690–4]
Approval and Promulgation of
Implementation Plans; Texas; Control
of Emissions of Nitrogen Oxides (NOX)
From Cement Kilns
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: The EPA is proposing
approval of revisions to the Texas State
Implementation Plan (SIP). The State of
Texas submitted this SIP revision to the
30 TAC Chapter 117 to us on May 30,
2007 (May 30, 2007 submittal)
concerning control of emissions of NOX
from cement kilns operating in Bexar,
Comal, Ellis, Hays, and McLennan
Counties of Texas. We are proposing to
approve the cement kilns provisions of
the May 30, 2007 submittal for cement
kilns operating in these five Texas
Counties. We are also proposing to
approve the May 30, 2007 submittal as
meeting the Reasonably Available
Control Technology (RACT)
requirements for NOX emissions from
cement kilns operating in the Dallas
Fort Worth (D/FW) 8-hour ozone
nonattainment area. The NOX emissions
controls associated with this SIP
revision will assist the D/FW area to
attain the Federal 8-hour ozone National
Ambient Air Quality Standards
(NAAQS). We are proposing approval of
this action as meeting sections 110 and
182 of the Federal Clean Air Act (the
Act).
Comments must be received on
or before August 11, 2008.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2007–1147, by one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• U.S. EPA Region 6 ‘‘Contact Us’’
Web site: https://epa.gov/region6/
r6coment.htm. Please click on ‘‘6PD’’
(Multimedia) and select ‘‘Air’’ before
submitting comments.
• E-mail: Mr. Guy Donaldson at
donaldson.guy@epa.gov. Please also
DATES:
E:\FR\FM\11JYP1.SGM
11JYP1
cprice-sewell on PRODPC61 with PROPOSALS
39912
Federal Register / Vol. 73, No. 134 / Friday, July 11, 2008 / Proposed Rules
send a copy by email to the person
listed in the FOR FURTHER INFORMATION
CONTACT section below.
• Fax: Mr. Guy Donaldson, Chief, Air
Planning Section (6PD–L), at fax
number 214–665–7263.
• Mail: Mr. Guy Donaldson, Chief,
Air Planning Section (6PD–L),
Environmental Protection Agency, 1445
Ross Avenue, Suite 1200, Dallas, Texas
75202–2733.
• Hand or Courier Delivery: Mr. Guy
Donaldson, Chief, Air Planning Section
(6PD–L), Environmental Protection
Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202–2733. Such
deliveries are accepted only between the
hours of 8 a.m. and 4 p.m. weekdays
except for legal holidays. Special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R06–OAR–2007–
1147. The EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
the disclosure of which is restricted by
statute. Do not submit information
through https://www.regulations.gov or
e-mail that you consider to be CBI or
otherwise protected from disclosure.
The https://www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an e-mail
comment directly to EPA without going
through https://www.regulations.gov,
your e-mail address will be
automatically captured and included as
part of the comment that is placed in the
public docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
VerDate Aug<31>2005
15:09 Jul 10, 2008
Jkt 214001
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the Air Planning Section (6PD–L),
Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas
75202–2733. The file will be made
available by appointment for public
inspection in the Region 6 FOIA Review
Room between the hours of 8:30 a.m.
and 4:30 p.m. weekdays except for legal
holidays. Contact the person listed in
the FOR FURTHER INFORMATION CONTACT
paragraph below to make an
appointment. If possible, please make
the appointment at least two working
days in advance of your visit. There will
be a 15 cent per page fee for making
photocopies of documents. On the day
of the visit, please check in at the EPA
Region 6 reception area at 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202–
2733.
The State submittal is also available
for public inspection at the State Air
Agency listed below during official
business hours by appointment:
Texas Commission on Environmental
Quality (TCEQ), Office of Air Quality,
12124 Park 35 Circle, Austin, Texas
78753.
Mr.
Alan Shar, Air Planning Section (6PD–
L), Environmental Protection Agency,
Region 6, 1445 Ross Avenue, Suite 700,
Dallas, Texas 75202–2733, telephone
(214) 665–6691, fax (214) 665–7263,
e-mail address shar.alan @epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA.
FOR FURTHER INFORMATION CONTACT:
I. General Information
What Should I Consider as I Prepare My
Comments for EPA?
A. Submitting CBI. Do not submit this
information to EPA through https://
www.regulations.gov or e-mail. Clearly
mark the part or all of the information
that you claim to be CBI. For CBI
information in a disk or CD–ROM that
you mail to EPA, mark the outside of the
disk or CD–ROM as CBI and then
identify electronically within the disk or
CD–ROM the specific information that
is claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
PO 00000
Frm 00016
Fmt 4702
Sfmt 4702
40 Code of Federal Regulations (CFR)
part 2.
B. Tips for Preparing Your Comments.
When submitting comments, remember
to:
• Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
• Follow directions—The agency may
ask you to respond to specific questions
or organize comments by referencing a
CFR part or section number.
• Explain why you agree or disagree,
suggest alternatives, and substitute
language for your requested changes.
• Describe any assumptions and
provide any technical information and/
or data that you used.
• If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
• Provide specific examples to
illustrate your concerns, and suggest
alternatives.
• Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
• Make sure to submit your
comments by the comment period
deadline identified.
II. Background
Table of Contents
1. What are we proposing to approve?
2. What sections of the May 30, 2007
submittal will become part of Texas SIP?
3. What sections of the May 30, 2007
submittal will not become a part of Texas
SIP?
4. What Texas Counties will this rulemaking
affect?
5. What are NOX?
6. What is Ozone and why do we regulate it?
7. What is a SIP?
8. What are the NOX control emissions
requirements that we approved for Texas
under the 1-hour ozone SIP?
9. What are the NOX control emissions
requirements that we are proposing to
approve for Texas under the 8-hour
ozone SIP?
10. What is the proposed compliance
schedule for cement kilns?
1. What are we proposing to approve?
On May 30, 2007, TCEQ submitted
rule revisions to 30 TAC, Chapter 117,
‘‘Control of Air Pollution from Nitrogen
Compounds,’’ as a revision to the Texas
SIP, identified by TCEQ as rule project
No. 2006–004–117–EN, for cement kilns
operating in Bexar, Comal, Ellis, Hays,
and McLennan Counties. In this
rulemaking, we are proposing to
approve the NOX control requirements
for cement kilns operating in these five
Texas Counties. See sections 2, 3, 4, 8,
and 9 of this document for more
information. The NOX emissions
E:\FR\FM\11JYP1.SGM
11JYP1
Federal Register / Vol. 73, No. 134 / Friday, July 11, 2008 / Proposed Rules
controls associated with this SIP
revision will assist the D/FW area to
attain the Federal 8-hour ozone NAAQS,
and will enhance the Texas SIP. We are
also proposing to approve the cement
kilns provisions of the May 30, 2007
submittal as meeting the RACT
requirements for NOX emissions from
cement kilns operating in the D/FW 8hour ozone nonattainment area. By
proposing to approve the cement kilns
provisions of the May 30, 2007
submittal we are stating that Texas is
meeting the NOX RACT requirements
for cement kilns in the D/FW area.
The EPA has defined RACT as the
lowest emission limitation that a
particular source can meet by applying
a control technique that is reasonably
available considering technological and
economic feasibility. See 44 FR 53761,
September 17, 1979. This requirement is
established by sections 182(b)(2) and
182(f) of the Act. These two sections,
taken together, establish the
requirements for Texas to submit a NOX
RACT regulation for cement kilns (a
major source of NOX) in ozone
nonattainment areas classified as
moderate (such as D/FW) and above. A
State may choose to develop its own
RACT requirements on a case by case
basis, considering the economic and
technical circumstances of an
individual source. In addition, section
183(c) of the Act provides that we will
issue technical documents which
identify alternative controls for
stationary sources of NOX. The EPA
publishes the NOX related Alternative
Control Techniques documents (ACTs)
for this purpose. The information in the
ACT documents is generated from
literature sources and contacts, control
equipment vendors, EPA papers,
39913
engineering firms, and Federal, State,
and local regulatory agencies. States can
use information in the EPA ACTs to
develop their RACT regulations. For a
listing of EPA’s ACT-related documents,
including the ACT document for
Cement Manufacturing, see https://
www.epa.gov/ttn/naaqs/ozone/ctg_act/
index.htm (URL dated April 22, 2008).
The Chapter 117 cement kilns
provisions were last approved by EPA at
69 FR 15681 published on March 26,
2004.
2. What sections of the May 30, 2007
submittal will become part of Texas
SIP?
Table 1 below contains a summary list
of the sections of 30 TAC, Chapter 117
that Texas proposed on May 30, 2007,
for cement kilns to become part of the
Texas SIP.
TABLE 1.—SECTION NUMBERS AND SECTION DESCRIPTORS OF 30 TAC, CHAPTER 117 AFFECTED BY THE CEMENT KILNS
RULE
Section No.
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
117.3100
117.3101
117.3103
117.3110
117.3120
117.3123
117.3140
117.3142
117.3145
117.9320
Description
............................
............................
............................
............................
............................
............................
............................
............................
............................
............................
Applicability.
Cement Kilns Definitions.
Exemptions.
Emission Specifications.
Source Cap.
Dallas-Fort Worth Eight-Hour Ozone Attainment Demonstration Control Requirements.
Continuous Demonstration of Compliance.
Emission Testing and Monitoring for Eight-Hour Attainment Demonstration.
Notification, Recordkeeping, and Reporting Requirements.
Compliance Schedule for Cement Kilns.
You can find complete TCEQ’s rules
and regulations at https://www.tceq.
state.tx.us/rules/indxpdf.html.
3. What sections of the May 30, 2007
submittal will not become a part of
Texas SIP?
Per TCEQ’s request the following
sections, listed in Table 2 below, of the
cement kilns rule will not become a part
of EPA-approved Texas SIP. These
sections mainly pertain to the control of
ammonia, that is not a precursor to
ozone, and are not required to be a part
of the SIP.
4. What Texas Counties will this
rulemaking affect?
6. What is ozone and why do we
regulate it?
Table 3 below lists the five Texas
Counties that will be affected by the
cement kilns rule.
Ozone is a gas composed of three
oxygen atoms. Ground level ozone is
generally not emitted directly from a
vehicle’s exhaust or an industrial
smokestack, but is created by a chemical
reaction between NOX and VOCs in the
presence of sunlight and high ambient
temperatures. Thus, ozone is known
primarily as a summertime air pollutant.
NOX and VOCs are precursors of ozone.
Motor vehicle exhaust and industrial
emissions, gasoline vapors, chemical
solvents and natural sources emit NOX
and VOCs. Urban areas tend to have
high concentrations of ground-level
ozone, but areas without significant
industrial activity and with relatively
low vehicular traffic are also subject to
increased ozone levels because wind
carries ozone and its precursors
hundreds of miles from their sources.
Repeated exposure to ozone pollution
may cause lung damage. Even at very
low concentrations, ground-level ozone
triggers a variety of health problems
including aggravated asthma, reduced
TABLE 3.—TEXAS COUNTIES
FECTED BY CEMENT KILN
MAKING OF 2007
Texas counties
Bexar, Comal, Ellis,
Hays, and
McLennan.
AFRULE-
Explanation
See section
117.3101.
TABLE 2.—SECTIONS OF CHAPTER 117
5. What are NOX?
NOT IN EPA-APPROVED TEXAS SIP
cprice-sewell on PRODPC61 with PROPOSALS
Section No.
117.3123(f),
and
117.3125.
Explanation
Not a part of EPA-approved
Texas SIP.
Although the above sections of 30
TAC Chapter 117 are not to become a
part of Texas SIP, they will continue to
remain enforceable at the State level.
VerDate Aug<31>2005
15:09 Jul 10, 2008
Jkt 214001
Nitrogen oxides belong to the group of
criteria air pollutants. NOX are
produced from burning fuels, including
gasoline and coal. Nitrogen oxides react
with volatile organic compounds (VOC)
to form ozone or smog, and are also
major components of acid rain. Also see
https://www.epa.gov/air/urbanair/nox/.
PO 00000
Frm 00017
Fmt 4702
Sfmt 4702
E:\FR\FM\11JYP1.SGM
11JYP1
39914
Federal Register / Vol. 73, No. 134 / Friday, July 11, 2008 / Proposed Rules
lung capacity, and increased
susceptibility to respiratory illnesses
like pneumonia and bronchitis. It can
also have detrimental effects on plants
and ecosystems.
7. What is a SIP?
The SIP is a set of air pollution
regulations, control strategies, other
means or techniques and technical
analyses developed by the state, to
ensure that the state meets the NAAQS.
The SIP is required by Section 110 and
other provisions of the Act. These SIPs
can be extensive, containing state
regulations or other enforceable
documents and supporting information
such as emissions inventories,
monitoring networks, and modeling
demonstrations. Each state must submit
these regulations and control strategies
to EPA for approval and incorporation
into the federally-enforceable SIP. Each
federally-approved SIP protects air
quality primarily by addressing air
pollution at its point of origin.
8. What are the NOX control emissions
requirements that we approved for
Texas under the 1-hour ozone SIP?
We approved the NOX control
emission requirements for cement kilns
at 69 FR 15681 published on March 26,
2004. See Table III of that document. We
have included that Table in our TSD
prepared for this rulemaking action.
9. What are the NOX control emissions
requirements that we are proposing to
approve for Texas under the 8-hour
ozone SIP?
Under today’s rulemaking action, the
NOX control requirements that we
approved on March 26, 2004 (69 FR
15681) for cement kilns operating in
Texas Counties of Bexar, Comal, Hays,
and McLennan still will continue to
remain in effect.
Ellis County is located within the D/
FW 8-hour ozone nonattainment area.
The ozone season for the D/FW area is
March 1 through October 31 of each
calendar year. See 40 CFR 58, Appendix
D, Table D–3, and 40 CFR 81.39. For
Ellis County, during the non-ozone
season (November 1 through end-ofFebruary of each calendar year), the
cement kilns NOX control requirements
that we approved at 69 FR 15681 will
continue to remain in effect. However,
during the ozone season, March 1
through October 31 of each calendar
year, the cement kilns in Ellis County
must comply with a source cap formula
calculated and expressed in Tons Per
Day (TPD) of actual NOX emissions, per
site, on a 30-day rolling average basis.
See equation 117.3123(b). The following
Table 5 contains a summary list of NOX
control requirements for cement kilns
under the 8-hour ozone SIP.
TABLE 5.—NOX CONTROL REQUIREMENTS FOR CEMENT KILNS UNDER THE 8-HOUR OZONE SIP
Source
County
NOX emission requirement
Citation
Long wet kiln .........................
6.0 lb NOX/ton of clinker produced ......................................
117.3110(a)(1)(A).
5.1 lb NOX/ton clinker of produced ......................................
117.3110(a)(2).
3.8 lb NOX/ton of clinker produced ......................................
117.3110(a)(3).
Precalciner or preheaterprecalciner kiln.
Long wet kiln .........................
Bexar, Comal, Hays,
McLennan.
Bexar, Comal, Hays,
McLennan.
Bexar, Comal, Hays,
McLennan.
Bexar, Comal, Hays,
McLennan.
Ellis ........................................
2.8 lb NOX/ton of clinker produced ......................................
117.3110(a)(4).
117.3110(a)(1)(B).
Preheater kiln ........................
Ellis ........................................
Long dry kiln ..........................
Ellis ........................................
Precalciner or preheaterprecalciner kiln.
Portland cement kiln ..............
Ellis ........................................
4.0 lb NOX/ton of clinker produced, outside D/FW ozone
season.
3.8 lb NOX/ton of clinker produced, outside D/FW ozone
season.
5.1 lb NOX/ton clinker of produced, outside D/FW ozone
season.
2.8 lb NOX/ton of clinker produced, outside D/FW ozone
season.
During D/FW ozone season, 30-day rolling average,
source cap equation 117.3123(b), with the 2003–2005
reported average annual clinker production, limit is
equivalent to 1.7 lb NOX/ton of clinker produced for dry
preheater-precalciner or precalciner kilns, or 3.4 lb NOX/
ton of clinker produced for long wet kilns.
Long dry kiln ..........................
cprice-sewell on PRODPC61 with PROPOSALS
Preheater kiln ........................
Ellis ........................................
The cement kilns rule does not
require or endorse a specific post
combustion NOX control technology,
and allows the owners or operators to
choose their preferred method of
compliance as long as the source cap
limit, per site, is being met. These NOX
control requirements will result in a 9.7
TPD of NOX reduction from cement
kilns in Ellis County, and will enhance
the Texas SIP. We contend that the
above NOX control requirements for
existing cement kilns in the D/FW area
are more stringent than those found in
our reference documents ‘‘Alternative
Control Techniques Document—NOX
Emissions from Cement Manufacturing’’
VerDate Aug<31>2005
17:15 Jul 10, 2008
Jkt 214001
EPA–453/R–94–004, and ‘‘NOX Control
Technologies for the Cement Industry’’
Final Report, EPA Contract No. 68-D98–
026, dated September 19, 2000, and are
comparable to or more stringent than
controls to be implemented in other
parts of the country for RACT purposes.
Therefore, we are proposing their
approval into Texas SIP, and as meeting
the RACT requirement for the D/FW 8hour ozone nonattainment area. See our
TSD prepared in conjunction with this
rulemaking action for more information.
PO 00000
Frm 00018
Fmt 4702
Sfmt 4702
117.3110(a)(3).
117.3110(a)(2).
117.3110(a)(4).
117.3123(b).
10. What are the compliance schedules
for NOX emissions from cement kilns
that we are proposing to approve?
The compliance schedule for cement
kilns located in Texas Counties of
Bexar, Comal, Hays, and McLennan will
continue to remain in effect as we
approved them at 69 FR 15681. See
Table IV of that document. We have
included that Table in our TSD
prepared for this rulemaking action.
The following Table 6 contains
summary of the NOX compliance
schedule-related information for cement
kilns in Ellis County. See section
117.9320(c) for more information.
E:\FR\FM\11JYP1.SGM
11JYP1
39915
Federal Register / Vol. 73, No. 134 / Friday, July 11, 2008 / Proposed Rules
TABLE 6.—NOX COMPLIANCE SCHEDULES FOR CEMENT KILNS IN ELLIS COUNTY UNDER CHAPTER 117
Source
Compliance date
Additional information
Cement Kilns—Ellis County ....
Comply with testing, monitoring, notification, recordkeeping,
and reporting requirements as soon as practicable but no
later than March 1, 2009.
8-hour attainment demonstration requirement.
III. Proposed Action
Today, we are proposing to approve
revisions to the 30 TAC Chapter 117
into Texas SIP. In this rulemaking we
are proposing to approve the cement
kilns provisions of the May 30, 2007
submittal for cement kilns operating in
Bexar, Comal, Ellis, Hays, and
McLennan Counties of Texas. We are
also proposing to approve the May 30,
2007 submittal as meeting the RACT
requirements for NOX emissions from
cement kilns operating in the D/FW 8hour ozone nonattainment area. These
NOX reductions will assist the D/FW
area to attain the 8-hour ozone NAAQS,
and enhance the Texas SIP.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, 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, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
proposes to approve 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 Order 12866 (58 FR 51735,
October 4, 1993);
• 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 Clean Air Act;
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, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
List of Subjects in 40 CFR Part 52
cprice-sewell on PRODPC61 with PROPOSALS
We believe that including the
compliance dates in the rule provides
for enforceability and practicability of
the NOX rule, and enhances the Texas
SIP. The March 1, 2009 compliance date
for cement kilns in Ellis County is
consistent with the implementation
requirement set forth in 40 CFR
51.912(a)(3). Therefore, we are
proposing their approval into Texas SIP,
and as meeting the RACT requirement
for the D/FW 8-hour ozone
nonattainment area.
VerDate Aug<31>2005
17:15 Jul 10, 2008
Jkt 214001
Environmental protection, Air
pollution control, Hydrocarbons,
Incorporation by reference,
Intergovernmental relations, Nitrogen
oxide, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: July 1, 2008.
Richard E. Greene,
Regional Administrator, Region 6.
[FR Doc. E8–15812 Filed 7–10–08; 8:45 am]
BILLING CODE 6560–50–P
PO 00000
Frm 00019
Fmt 4702
Sfmt 4702
Citation
117.9320.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 216 and 300
[Docket No. 070717339–8765–02]
RIN 0648–AV37
International Fisheries; Pacific Tuna
Fisheries; Revisions to Regulations for
Vessels Authorized To Fish for Tuna
and Tuna-like Species in the Eastern
Tropical Pacific Ocean and to
Requirements for the Submission of
Fisheries Certificates of Origin
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; collection-ofinformation requirements; request for
comments.
AGENCY:
SUMMARY: NMFS proposes to revise
regulations governing vessels authorized
by the United States to fish for tuna and
tuna-like species in the eastern tropical
Pacific Ocean (ETP). This proposed rule
would update and clarify regulations
promulgated by NMFS to implement the
Marine Mammal Protection Act, the
Tuna Conventions Act, the Dolphin
Protection Consumer Information Act,
and resolutions adopted by the InterAmerican Tropical Tuna Commission
(IATTC) and by the Parties to the
Agreement on the International Dolphin
Conservation Program (AIDCP). This
proposed rule would modify the
procedures and requirements for the
Vessel Register, the list of vessels
authorized to fish for tuna and tuna-like
species in the ETP. Requirements for the
submission of certifications by
importers would also be revised. This
proposed rule is intended to clarify the
regulations, facilitate management of
U.S. vessels, and update the regulations
to be consistent with resolutions
adopted by the members of the IATTC
and the Parties to the AIDCP.
DATES: Comments on the proposed
regulations and collection-ofinformation requirements must be
received by 5 p.m. Pacific Standard
Time, on August 11, 2008. A public
E:\FR\FM\11JYP1.SGM
11JYP1
]]>Agencies
[Federal Register Volume 73, Number 134 (Friday, July 11, 2008)]
[Proposed Rules]
[Pages 39911-39915]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15812]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2007-1147; FRL-8690-4]
Approval and Promulgation of Implementation Plans; Texas; Control
of Emissions of Nitrogen Oxides (NOX) From Cement Kilns
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is proposing approval of revisions to the Texas State
Implementation Plan (SIP). The State of Texas submitted this SIP
revision to the 30 TAC Chapter 117 to us on May 30, 2007 (May 30, 2007
submittal) concerning control of emissions of NOX from
cement kilns operating in Bexar, Comal, Ellis, Hays, and McLennan
Counties of Texas. We are proposing to approve the cement kilns
provisions of the May 30, 2007 submittal for cement kilns operating in
these five Texas Counties. We are also proposing to approve the May 30,
2007 submittal as meeting the Reasonably Available Control Technology
(RACT) requirements for NOX emissions from cement kilns
operating in the Dallas Fort Worth (D/FW) 8-hour ozone nonattainment
area. The NOX emissions controls associated with this SIP
revision will assist the D/FW area to attain the Federal 8-hour ozone
National Ambient Air Quality Standards (NAAQS). We are proposing
approval of this action as meeting sections 110 and 182 of the Federal
Clean Air Act (the Act).
DATES: Comments must be received on or before August 11, 2008.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2007-1147, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
U.S. EPA Region 6 ``Contact Us'' Web site: https://epa.gov/
region6/r6coment.htm. Please click on ``6PD'' (Multimedia) and select
``Air'' before submitting comments.
E-mail: Mr. Guy Donaldson at donaldson.guy@epa.gov. Please
also
[[Page 39912]]
send a copy by email to the person listed in the FOR FURTHER
INFORMATION CONTACT section below.
Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7263.
Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
Hand or Courier Delivery: Mr. Guy Donaldson, Chief, Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are
accepted only between the hours of 8 a.m. and 4 p.m. weekdays except
for legal holidays. Special arrangements should be made for deliveries
of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2007-1147. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information the
disclosure of which is restricted by statute. Do not submit information
through https://www.regulations.gov or e-mail that you consider to be
CBI or otherwise protected from disclosure. The https://
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to EPA without going through https://www.regulations.gov, your
e-mail address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the https://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in https://www.regulations.gov or in hard copy at the Air Planning
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733. The file will be made available by
appointment for public inspection in the Region 6 FOIA Review Room
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal
holidays. Contact the person listed in the FOR FURTHER INFORMATION
CONTACT paragraph below to make an appointment. If possible, please
make the appointment at least two working days in advance of your
visit. There will be a 15 cent per page fee for making photocopies of
documents. On the day of the visit, please check in at the EPA Region 6
reception area at 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-
2733.
The State submittal is also available for public inspection at the
State Air Agency listed below during official business hours by
appointment:
Texas Commission on Environmental Quality (TCEQ), Office of Air
Quality, 12124 Park 35 Circle, Austin, Texas 78753.
FOR FURTHER INFORMATION CONTACT: Mr. Alan Shar, Air Planning Section
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-6691, fax
(214) 665-7263, e-mail address shar.alan @epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to EPA.
I. General Information
What Should I Consider as I Prepare My Comments for EPA?
A. Submitting CBI. Do not submit this information to EPA through
https://www.regulations.gov or e-mail. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in a disk
or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM
as CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 Code of Federal Regulations (CFR) part 2.
B. Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a CFR part or
section number.
Explain why you agree or disagree, suggest alternatives,
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.
II. Background
Table of Contents
1. What are we proposing to approve?
2. What sections of the May 30, 2007 submittal will become part of
Texas SIP?
3. What sections of the May 30, 2007 submittal will not become a
part of Texas SIP?
4. What Texas Counties will this rulemaking affect?
5. What are NOX?
6. What is Ozone and why do we regulate it?
7. What is a SIP?
8. What are the NOX control emissions requirements that
we approved for Texas under the 1-hour ozone SIP?
9. What are the NOX control emissions requirements that
we are proposing to approve for Texas under the 8-hour ozone SIP?
10. What is the proposed compliance schedule for cement kilns?
1. What are we proposing to approve?
On May 30, 2007, TCEQ submitted rule revisions to 30 TAC, Chapter
117, ``Control of Air Pollution from Nitrogen Compounds,'' as a
revision to the Texas SIP, identified by TCEQ as rule project No. 2006-
004-117-EN, for cement kilns operating in Bexar, Comal, Ellis, Hays,
and McLennan Counties. In this rulemaking, we are proposing to approve
the NOX control requirements for cement kilns operating in
these five Texas Counties. See sections 2, 3, 4, 8, and 9 of this
document for more information. The NOX emissions
[[Page 39913]]
controls associated with this SIP revision will assist the D/FW area to
attain the Federal 8-hour ozone NAAQS, and will enhance the Texas SIP.
We are also proposing to approve the cement kilns provisions of the May
30, 2007 submittal as meeting the RACT requirements for NOX
emissions from cement kilns operating in the D/FW 8-hour ozone
nonattainment area. By proposing to approve the cement kilns provisions
of the May 30, 2007 submittal we are stating that Texas is meeting the
NOX RACT requirements for cement kilns in the D/FW area.
The EPA has defined RACT as the lowest emission limitation that a
particular source can meet by applying a control technique that is
reasonably available considering technological and economic
feasibility. See 44 FR 53761, September 17, 1979. This requirement is
established by sections 182(b)(2) and 182(f) of the Act. These two
sections, taken together, establish the requirements for Texas to
submit a NOX RACT regulation for cement kilns (a major
source of NOX) in ozone nonattainment areas classified as
moderate (such as D/FW) and above. A State may choose to develop its
own RACT requirements on a case by case basis, considering the economic
and technical circumstances of an individual source. In addition,
section 183(c) of the Act provides that we will issue technical
documents which identify alternative controls for stationary sources of
NOX. The EPA publishes the NOX related
Alternative Control Techniques documents (ACTs) for this purpose. The
information in the ACT documents is generated from literature sources
and contacts, control equipment vendors, EPA papers, engineering firms,
and Federal, State, and local regulatory agencies. States can use
information in the EPA ACTs to develop their RACT regulations. For a
listing of EPA's ACT-related documents, including the ACT document for
Cement Manufacturing, see https://www.epa.gov/ttn/naaqs/ozone/ctg_act/
index.htm (URL dated April 22, 2008).
The Chapter 117 cement kilns provisions were last approved by EPA
at 69 FR 15681 published on March 26, 2004.
2. What sections of the May 30, 2007 submittal will become part of
Texas SIP?
Table 1 below contains a summary list of the sections of 30 TAC,
Chapter 117 that Texas proposed on May 30, 2007, for cement kilns to
become part of the Texas SIP.
Table 1.--Section Numbers and Section Descriptors of 30 TAC, Chapter 117
Affected by the Cement Kilns Rule
------------------------------------------------------------------------
Section No. Description
------------------------------------------------------------------------
Section 117.3100.................. Applicability.
Section 117.3101.................. Cement Kilns Definitions.
Section 117.3103.................. Exemptions.
Section 117.3110.................. Emission Specifications.
Section 117.3120.................. Source Cap.
Section 117.3123.................. Dallas-Fort Worth Eight-Hour Ozone
Attainment Demonstration Control
Requirements.
Section 117.3140.................. Continuous Demonstration of
Compliance.
Section 117.3142.................. Emission Testing and Monitoring for
Eight-Hour Attainment
Demonstration.
Section 117.3145.................. Notification, Recordkeeping, and
Reporting Requirements.
Section 117.9320.................. Compliance Schedule for Cement
Kilns.
------------------------------------------------------------------------
You can find complete TCEQ's rules and regulations at https://
www.tceq.state.tx.us/rules/indxpdf.html.
3. What sections of the May 30, 2007 submittal will not become a part
of Texas SIP?
Per TCEQ's request the following sections, listed in Table 2 below,
of the cement kilns rule will not become a part of EPA-approved Texas
SIP. These sections mainly pertain to the control of ammonia, that is
not a precursor to ozone, and are not required to be a part of the SIP.
Table 2.--Sections of Chapter 117 Not in EPA-Approved Texas SIP
------------------------------------------------------------------------
Section No. Explanation
------------------------------------------------------------------------
117.3123(f), and 117.3125.............. Not a part of EPA-approved
Texas SIP.
------------------------------------------------------------------------
Although the above sections of 30 TAC Chapter 117 are not to become
a part of Texas SIP, they will continue to remain enforceable at the
State level.
4. What Texas Counties will this rulemaking affect?
Table 3 below lists the five Texas Counties that will be affected
by the cement kilns rule.
Table 3.--Texas Counties Affected by Cement Kiln Rulemaking of 2007
------------------------------------------------------------------------
Texas counties Explanation
------------------------------------------------------------------------
Bexar, Comal, Ellis, Hays, and McLennan... See section 117.3101.
------------------------------------------------------------------------
5. What are NOX?
Nitrogen oxides belong to the group of criteria air pollutants.
NOX are produced from burning fuels, including gasoline and
coal. Nitrogen oxides react with volatile organic compounds (VOC) to
form ozone or smog, and are also major components of acid rain. Also
see https://www.epa.gov/air/urbanair/nox/.
6. What is ozone and why do we regulate it?
Ozone is a gas composed of three oxygen atoms. Ground level ozone
is generally not emitted directly from a vehicle's exhaust or an
industrial smokestack, but is created by a chemical reaction between
NOX and VOCs in the presence of sunlight and high ambient
temperatures. Thus, ozone is known primarily as a summertime air
pollutant. NOX and VOCs are precursors of ozone. Motor
vehicle exhaust and industrial emissions, gasoline vapors, chemical
solvents and natural sources emit NOX and VOCs. Urban areas
tend to have high concentrations of ground-level ozone, but areas
without significant industrial activity and with relatively low
vehicular traffic are also subject to increased ozone levels because
wind carries ozone and its precursors hundreds of miles from their
sources.
Repeated exposure to ozone pollution may cause lung damage. Even at
very low concentrations, ground-level ozone triggers a variety of
health problems including aggravated asthma, reduced
[[Page 39914]]
lung capacity, and increased susceptibility to respiratory illnesses
like pneumonia and bronchitis. It can also have detrimental effects on
plants and ecosystems.
7. What is a SIP?
The SIP is a set of air pollution regulations, control strategies,
other means or techniques and technical analyses developed by the
state, to ensure that the state meets the NAAQS. The SIP is required by
Section 110 and other provisions of the Act. These SIPs can be
extensive, containing state regulations or other enforceable documents
and supporting information such as emissions inventories, monitoring
networks, and modeling demonstrations. Each state must submit these
regulations and control strategies to EPA for approval and
incorporation into the federally-enforceable SIP. Each federally-
approved SIP protects air quality primarily by addressing air pollution
at its point of origin.
8. What are the NOX control emissions requirements that we
approved for Texas under the 1-hour ozone SIP?
We approved the NOX control emission requirements for
cement kilns at 69 FR 15681 published on March 26, 2004. See Table III
of that document. We have included that Table in our TSD prepared for
this rulemaking action.
9. What are the NOX control emissions requirements that we
are proposing to approve for Texas under the 8-hour ozone SIP?
Under today's rulemaking action, the NOX control
requirements that we approved on March 26, 2004 (69 FR 15681) for
cement kilns operating in Texas Counties of Bexar, Comal, Hays, and
McLennan still will continue to remain in effect.
Ellis County is located within the D/FW 8-hour ozone nonattainment
area. The ozone season for the D/FW area is March 1 through October 31
of each calendar year. See 40 CFR 58, Appendix D, Table D-3, and 40 CFR
81.39. For Ellis County, during the non-ozone season (November 1
through end-of-February of each calendar year), the cement kilns
NOX control requirements that we approved at 69 FR 15681
will continue to remain in effect. However, during the ozone season,
March 1 through October 31 of each calendar year, the cement kilns in
Ellis County must comply with a source cap formula calculated and
expressed in Tons Per Day (TPD) of actual NOX emissions, per
site, on a 30-day rolling average basis. See equation 117.3123(b). The
following Table 5 contains a summary list of NOX control
requirements for cement kilns under the 8-hour ozone SIP.
Table 5.--NOX Control Requirements for Cement Kilns Under the 8-Hour Ozone SIP
----------------------------------------------------------------------------------------------------------------
Source County NOX emission requirement Citation
----------------------------------------------------------------------------------------------------------------
Long wet kiln.................... Bexar, Comal, Hays, 6.0 lb NOX/ton of clinker 117.3110(a)(1)(A).
McLennan. produced.
Long dry kiln.................... Bexar, Comal, Hays, 5.1 lb NOX/ton clinker of 117.3110(a)(2).
McLennan. produced.
Preheater kiln................... Bexar, Comal, Hays, 3.8 lb NOX/ton of clinker 117.3110(a)(3).
McLennan. produced.
Precalciner or preheater- Bexar, Comal, Hays, 2.8 lb NOX/ton of clinker 117.3110(a)(4).
precalciner kiln. McLennan. produced.
Long wet kiln.................... Ellis............... 4.0 lb NOX/ton of clinker 117.3110(a)(1)(B).
produced, outside D/FW
ozone season.
Preheater kiln................... Ellis............... 3.8 lb NOX/ton of clinker 117.3110(a)(3).
produced, outside D/FW
ozone season.
Long dry kiln.................... Ellis............... 5.1 lb NOX/ton clinker of 117.3110(a)(2).
produced, outside D/FW
ozone season.
Precalciner or preheater- Ellis............... 2.8 lb NOX/ton of clinker 117.3110(a)(4).
precalciner kiln. produced, outside D/FW
ozone season.
Portland cement kiln............. Ellis............... During D/FW ozone season, 117.3123(b).
30-day rolling average,
source cap equation
117.3123(b), with the
2003-2005 reported
average annual clinker
production, limit is
equivalent to 1.7 lb NOX/
ton of clinker produced
for dry preheater-
precalciner or
precalciner kilns, or
3.4 lb NOX/ton of
clinker produced for
long wet kilns.
----------------------------------------------------------------------------------------------------------------
The cement kilns rule does not require or endorse a specific post
combustion NOX control technology, and allows the owners or
operators to choose their preferred method of compliance as long as the
source cap limit, per site, is being met. These NOX control
requirements will result in a 9.7 TPD of NOX reduction from
cement kilns in Ellis County, and will enhance the Texas SIP. We
contend that the above NOX control requirements for existing
cement kilns in the D/FW area are more stringent than those found in
our reference documents ``Alternative Control Techniques Document--
NOX Emissions from Cement Manufacturing'' EPA-453/R-94-004,
and ``NOX Control Technologies for the Cement Industry''
Final Report, EPA Contract No. 68-D98-026, dated September 19, 2000,
and are comparable to or more stringent than controls to be implemented
in other parts of the country for RACT purposes. Therefore, we are
proposing their approval into Texas SIP, and as meeting the RACT
requirement for the D/FW 8-hour ozone nonattainment area. See our TSD
prepared in conjunction with this rulemaking action for more
information.
10. What are the compliance schedules for NOX emissions
from cement kilns that we are proposing to approve?
The compliance schedule for cement kilns located in Texas Counties
of Bexar, Comal, Hays, and McLennan will continue to remain in effect
as we approved them at 69 FR 15681. See Table IV of that document. We
have included that Table in our TSD prepared for this rulemaking
action.
The following Table 6 contains summary of the NOX
compliance schedule-related information for cement kilns in Ellis
County. See section 117.9320(c) for more information.
[[Page 39915]]
Table 6.--NOX Compliance Schedules for Cement Kilns in Ellis County Under Chapter 117
----------------------------------------------------------------------------------------------------------------
Source Compliance date Additional information Citation
----------------------------------------------------------------------------------------------------------------
Cement Kilns--Ellis County......... Comply with testing, 8-hour attainment 117.9320.
monitoring, notification, demonstration
recordkeeping, and requirement.
reporting requirements as
soon as practicable but no
later than March 1, 2009.
----------------------------------------------------------------------------------------------------------------
We believe that including the compliance dates in the rule provides
for enforceability and practicability of the NOX rule, and
enhances the Texas SIP. The March 1, 2009 compliance date for cement
kilns in Ellis County is consistent with the implementation requirement
set forth in 40 CFR 51.912(a)(3). Therefore, we are proposing their
approval into Texas SIP, and as meeting the RACT requirement for the D/
FW 8-hour ozone nonattainment area.
III. Proposed Action
Today, we are proposing to approve revisions to the 30 TAC Chapter
117 into Texas SIP. In this rulemaking we are proposing to approve the
cement kilns provisions of the May 30, 2007 submittal for cement kilns
operating in Bexar, Comal, Ellis, Hays, and McLennan Counties of Texas.
We are also proposing to approve the May 30, 2007 submittal as meeting
the RACT requirements for NOX emissions from cement kilns
operating in the D/FW 8-hour ozone nonattainment area. These
NOX reductions will assist the D/FW area to attain the 8-
hour ozone NAAQS, and enhance the Texas SIP.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, 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, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely proposes to approve 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 Order
12866 (58 FR 51735, October 4, 1993);
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 Clean Air Act; 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, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Nitrogen
oxide, Reporting and recordkeeping requirements, Volatile organic
compounds.
Dated: July 1, 2008.
Richard E. Greene,
Regional Administrator, Region 6.
[FR Doc. E8-15812 Filed 7-10-08; 8:45 am]
BILLING CODE 6560-50-P
