Approval and Promulgation of Implementation Plans; Texas; Reasonably Available Control Technology for the 2008 8-Hour Ozone National Ambient Air Quality Standard, 33026-33030 [2017-15165]

Download as PDF 33026 Proposed Rules Federal Register Vol. 82, No. 137 Wednesday, July 19, 2017 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R01–OAR–2017–0023; A–1–FRL– 9965–09–Region 1] Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the Maine Department of Environmental Protection (Maine DEP). The SIP revision consists of an Alternative Control Plan (ACP) for the control of volatile organic compound emissions from Reckitt Benckiser’s Air Wick Air Freshener Single Phase Aerosol Spray, issued pursuant to Maine’s consumer products rule. This action is being taken in accordance with the Clean Air Act. DATES: Written comments must be received on or before August 18, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R01– OAR–2017–0023 at https:// www.regulations.gov, or via email to Mackintosh.David@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, 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 mstockstill on DSK30JT082PROD with PROPOSALS VerDate Sep<11>2014 16:41 Jul 18, 2017 Jkt 241001 ENVIRONMENTAL PROTECTION AGENCY AGENCY: David L. Mackintosh, Air Quality Planning Unit, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square— Suite 100, (Mail Code OEP05–2), Boston, MA 02109–3912, tel. 617–918– 1584, email Mackintosh.David@epa.gov. Air Plan Approval; ME; Consumer Products Alternative Control Plan SUMMARY: contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. 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. FOR FURTHER INFORMATION CONTACT: This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. In the Final Rules Section of this Federal Register, EPA is approving the State’s SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. For additional information, see the direct final rule which is located in the Rules Section of this Federal Register. SUPPLEMENTARY INFORMATION: Dated: July 5, 2017. Deborah A. Szaro, Acting Regional Administrator, EPA New England. [FR Doc. 2017–15051 Filed 7–18–17; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 40 CFR Part 52 [EPA–R06–OAR–2015–0496; FRL–9964–11– Region 6] Approval and Promulgation of Implementation Plans; Texas; Reasonably Available Control Technology for the 2008 8-Hour Ozone National Ambient Air Quality Standard Environmental Protection Agency (EPA). ACTION: Proposed rule. Pursuant to the Federal Clean Air Act (CAA or Act), the Environmental Protection Agency (EPA) is proposing to conditionally approve revisions to the Texas State Implementation Plan (SIP) addressing Oxides of Nitrogen (NOX) Reasonably Available Control Technology (RACT) for the Martin Marietta (formerly, Texas Industries, Inc., or TXI) cement manufacturing plant in Ellis County. We are proposing to fully approve revisions to the Texas SIP addressing NOX RACT for all other affected sources in the ten county Dallas Fort Worth (DFW) 2008 8Hour ozone nonattainment area. We are also proposing to approve NOX RACT negative declarations (a finding that there are no emission sources in certain categories) for the DFW 2008 8-Hour ozone nonattainment area. The DFW 2008 8-Hour ozone nonattainment area consists of Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, Tarrant, and Wise counties. The RACT requirements apply to major sources of NOX in these ten counties. DATES: Comments must be received on or before August 18, 2017. ADDRESSES: Submit your comments, identified by Docket No. EPA–R06– OAR–2015–0496 or via email to shar.alan@epa.gov. Follow the on-line 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. SUMMARY: E:\FR\FM\19JYP1.SGM 19JYP1 Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Proposed Rules 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 submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact Alan Shar, (214) 665–6691, shar.alan@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/commentingepa-dockets. Docket: The index to the docket for this action is available electronically at www.regulations.gov and in hard copy at the 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: Mr. Alan Shar (6MM–AA), (214) 665–6691, shar.alan@epa.gov. To inspect the hard copy materials, please contact Alan Shar. SUPPLEMENTARY INFORMATION: Throughout this document ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. Outline I. Background A. What is RACT, and what are the RACT requirements relevant for this action? II. Evaluation A. What is the Texas Commission on Environmental Quality’s (TCEQ) approach and analysis to RACT? B. Is Texas’ RACT determination for NOX sources approvable? C. Are there negative declarations for categories of NOX sources within this nonattainment area? D. RACT and Cement Manufacturing Plants E. Ellis County Cement Manufacturing Plants F. What is a conditional approval? III. Proposed Action IV. Statutory and Executive Order Reviews mstockstill on DSK30JT082PROD with PROPOSALS I. Background A. What is RACT and what are the RACT requirements relevant for this action? Section 172(c)(1) of the Clean Air Act (CAA, Act) requires that SIPs for nonattainment areas ‘‘provide for the implementation of all reasonably available control measures as expeditiously as practicable (including such reductions in emissions from existing sources in the area as may be VerDate Sep<11>2014 16:41 Jul 18, 2017 Jkt 241001 obtained through the adoption, at a minimum, of reasonably available control technology) and shall provide for attainment of the primary National Ambient Air Quality Standards (NAAQS).’’ The EPA has defined RACT as the lowest emissions limitation that a particular source is capable of meeting by the application of control technology that is reasonably available, considering technological and economic feasibility. See September 17, 1979 (44 FR 53761). Section 182(b)(2) of the Act requires states to submit a SIP revision and implement RACT for major stationary sources in moderate and above ozone nonattainment areas. For a Moderate, Serious, or Severe area a major stationary source is one that emits, or has the potential to emit, 100, 50, or 25 tons per year (tpy) or more of VOCs or NOX, respectively. See CAA sections 182(b), 182(c), and 182(d). The EPA provides states with guidance concerning what types of controls could constitute RACT for a given source category through the issuance of Control Technique Guidelines (CTG) and Alternative Control Techniques (ACT) documents. See https://www.epa.gov/ airquality/ozonepollution/SIPToolkit/ ctgs.html (URL dating August 17, 2014) for a listing of EPA-issued CTGs and ACTs. The DFW nonattainment area was designated nonattainment for the 1997 8-Hour ozone standard and classified as Moderate with an attainment deadline of June 15, 2010. See January 14, 2009 (74 FR 1903). The DFW area was later reclassified to Serious on December 20, 2010 (75 FR 79302) because it failed to attain the 1997 8-Hour standard by its attainment deadline of June 15, 2010. Thus, per section 182(c) of the CAA, a major stationary source in the DFW area, is one which emits, or has the potential to emit, 50 tpy or more of VOCs or NOX. The EPA approved NOX RACT for the DFW area classified as Serious under the 1997 8-Hour Ozone standard on March 27, 2015 (80 FR 16291). The EPA designated the DFW area as nonattainment for the 2008 8-Hour ozone NAAQS with a moderate classification. The designated area for the 2008 standard includes Wise County, which was not included as part of the nonattainment area for the 1997 8-Hour Ozone standard. See May 21, 2012 (77 FR 30088), 40 CFR 81.344; and Mississippi Commission on Environmental Quality vs. EPA, No. 12– 1309 (D.C. Cir., June 2, 2015) (upholding EPA’s inclusion of Wise County in the DFW 2008 8-Hour ozone nonattainment area). PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 33027 Thus, based on the moderate classification of the DFW area for the 2008 ozone standard, under section 182(b) of the CAA, a major stationary source in Wise County is one that emits, or has the potential to emit, 100 tpy or more of VOCs or NOX. II. Evaluation A. What is the TCEQ’s approach and analysis to RACT? Sections 182(b)(2)(A) and (B) of the CAA require that states must ensure RACT is in place for each source category for which EPA has issued a CTG, and for any major source not covered by a CTG. The EPA has not issued CTGs for sources of NOX, so the NOX RACT requirement applies to all major sources of NOX. As a part of its July 10, 2015 DFW SIP submittal, TCEQ conducted RACT analyses to demonstrate that the RACT requirements for affected NOX sources in the DFW 2008 8-Hour ozone nonattainment area have been satisfied, relying on the NOX RACT rules EPA had previously approved for the DFW area for its classification as Serious for the 1997 8-Hour ozone standard. See March 27, 2015 (80 FR 16292), and 40 CFR 51.1112. The RACT analysis is contained in Appendix F of the TCEQ July 10, 2015 SIP submittal as a component of the DFW 2008 8-Hour ozone attainment demonstration plan. B. Is Texas’ RACT determination for NOX sources approvable? The requirements for RACT are included in 182(b)(2) of the Act and further explained in our ‘‘SIP Requirements Rule’’ of March 6, 2015 (80 FR 12279), which explains States should refer to existing CTGs and ACTs as well as all relevant technical information including recent technical information received during the public comment period to determine if RACT is being applied. States may conclude, in some cases, that sources already addressed by RACT determinations to meet the 1-Hour and/or the 1997 8-Hour ozone NAAQS do not need to implement additional controls to meet the 2008 ozone NAAQS RACT requirement. The EPA has previously found that Texas NOX rules meet RACT for the 1-Hour and the 1997 8-Hour standards. See March 27, 2015 (80 FR 16291). Texas adopted new rules for woodfired boilers in the DFW area, and new rules for major sources in the added county, Wise County, and determined they were RACT. We have reviewed the wood-fired boilers rules and the rules for major sources in Wise County and E:\FR\FM\19JYP1.SGM 19JYP1 33028 Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Proposed Rules are proposing that those rules are RACT for the covered sources. In addition, we are proposing to determine that the State’s certification that the applicable control requirements Texas has in place for all other affected NOX sources as identified in Table F–4 of the submittal (including the proposed conditional approval for the Martin Marietta cement manufacturing plant in Ellis County) meet the RACT requirement for the 2008 8-Hour ozone standard. See part 3, section 5 of the TSD. Table 1 below contains a list of affected source categories, EPA reference documents, and the corresponding sections of 30 TAC Chapter 117 that TCEQ determined were RACT for sources of NOX in the DFW area for the 2008 NAAQS. See Table F1, Appendix F of the July 10, 2015 DFW SIP submittal. TABLE 1—SOURCE CATEGORIES, EPA REFERENCE DOCUMENTS, AND CORRESPONDING SECTION OF 30 TAC CHAPTER 117 FULFILLING RACT 30 TAC chapter 117 fulfilling RACT Source category EPA reference documents Glass Manufacturing .................. Industrial, Commercial, and Institutional Boilers. Iron and Steel Mills .................... Process Heaters ........................ Stationary Internal Combustion Engines. Stationary Turbines ................... NOX Emissions from Glass Manufacturing (EPA–453/R–94–037, June 1994) ......... NOX Emissions from Industrial, Commercial and Institutional Boilers (EPA–453/R– 94–022, March 1994). NOX Emissions from Iron and Steel Mills (EPA–453/R–94–065, September 1994) .. NOXEmissions from Process Heaters (EPA–453/R–93–034, September 1993) ....... NOX Emissions from Stationary Internal Combustion Engines (EPA–453/R–93– 032, July 1993, Updated September 2000). NOX Emissions from Stationary Combustion Turbines (EPA–453/R–93–007, January 1993). NOX Emissions from Utility Boilers (EPA–453/R–94–023, March 1994) ................... Utility Boilers .............................. On April 13, 2016 (81 FR 21747), we approved revisions to 30 TAC Chapter 117 (NOX rules) for control of NOX emissions for affected sources in the DFW area as part of the SIP, but did not make the determination whether these rule revisions met RACT at 81 FR 21747. See docket No. EPA–R06–OAR– 2015–0497 at www.regulations.gov. We have reviewed the emission limitations and control requirements for the above source categories, Table 1, in 30 TAC Chapter 117, and compared them against EPA’s ACT documents, available technical information, and guidelines. Based on our review and evaluation we found the emission limitations and control requirements in 30 TAC Chapter 117 for the above source categories to be consistent with our guidance and ACT documents, and based upon available technical information that the corresponding sections in 30 TAC Chapter 117 provide for the lowest emission limitation through application of control techniques that are reasonably available considering technological and economic feasibility. For more information, see part 3, section 6 of the TSD prepared in conjunction with this action. Also, see part 4 of the TSD for the March 27, 2015 (80 FR 16291) at www.regulations.gov, docket ID No. EPA–R06–OAR–2013– 0804. We are proposing to find that the control requirements for the source categories identified in Table 1 are RACT for all affected sources in the ten County DFW area under the 2008 8Hour ozone NAAQS. See part 3, sections 5–7 of the TSD. C. Are there negative declarations for categories of NOX sources within this nonattainment area? States are not required to adopt RACT limits for source categories for which no sources exist in a nonattainment area and can submit a negative declaration to that effect. Texas has reviewed its emissions inventory and determined § 117.400–§ 117.456 § 117.400–§ 117.456 § 117.400–§ 117.456 § 117.400–§ 117.456 § 117.400–§ 117.456 § 117.400–§ 117.456 § 117.1300–§ 117.1356 that there are no nitric and adipic acid manufacturing operations in the DFW area. See Table F–1, page 8 of the Appendix F, titled ‘‘State Rules Addressing NOX RACT Requirements in ACT Reference.’’ We are also unaware of any such facilities operating in the DFW nonattainment area, and thus we are proposing to approve the negative declarations made for the nitric and adipic acid manufacturing operations in the ten County DFW area under the 2008 8-Hour ozone NAAQS. D. RACT and Cement Manufacturing Plants As detailed in Table 2 below, EPA has issued guidance on NOX emissions from Cement Manufacturing Plants and Texas has adopted rules for the control of NOX emissions from Cement Manufacturing Plants codified at 30 TAC Chapter 117. The rules establish NOX emissions by adopting a NOX cap on each of the cement manufacturing plants in the area. TABLE 2—CEMENT MANUFACTURING, EPA REFERENCE DOCUMENTS, AND CORRESPONDING SECTION OF 30 TAC CHAPTER 117 FULFILLING RACT EPA reference documents 30 TAC chapter 117 fulfilling RACT Cement Manufacturing .............. mstockstill on DSK30JT082PROD with PROPOSALS Source category NOX Emissions from Cement Manufacturing (EPA–453/R–94–004, 1994/03); and NOX Control Technologies for the Cement Industry: Final Report (EPA–457/R– 00–002, 2000/09). § 117.3100—§ 117.3145 The source cap provision is a NOX emission limitation expressed in tons per day (tpd) for cement kilns in Ellis County (thereafter, Cap8hour, cap). The Cap8hour was established based on a VerDate Sep<11>2014 17:34 Jul 18, 2017 Jkt 241001 formula that included average annual tons of clinker produced for the threeyear period of 2003, 2004, and 2005 plus one standard deviation. See 30 TAC § 117.3123. The addition of one PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 standard deviation to the average annual clinker production rates was intended to provide further operational flexibility for the sources as they calculated their production rates for the wet and dry E:\FR\FM\19JYP1.SGM 19JYP1 Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Proposed Rules mstockstill on DSK30JT082PROD with PROPOSALS kiln systems, ‘‘NW’’ and ‘‘ND’’, in order for TCEQ to determine a tpd numerical value for the Cap8hour emission limitation. See Equation 117.3123(b). The formula for establishing the Cap8hour includes an emission factor of 3.4 lbs of NOX/ton of clinker produced for wet kilns, and an emission factor of 1.7 lbs of NOX/ton of clinker produced for dry kilns. Compliance with the 30-day rolling average cap must be shown starting March 31st of each calendar year, and the NOX cap limitation in section 117.3123 applies from March 1st through October 31st of each calendar year. See part 4, sections 8 and 9 of the TSD for more information. Each cement manufacturing plant in Ellis County has been allocated a specific value in tons per day as its cap. Once established based on 2003, 2004, and 2005 production rates the calculated emission rate is not changed. We approved this rule on January 14, 2009 (74 FR 1927) as part of the DFW SIP, and as meeting the NOX RACT requirement for cement kilns operating in the DFW 1997 8-Hour ozone nonattainment area. Since that time, there are no longer any wet kilns in the area. E. Ellis County Cement Manufacturing Plants Currently, three companies operate four cement kilns in Ellis County. Below we evaluate whether RACT is in place for these plants. Ash Grove Cement Company (Ash Grove) operated three kilns in Ellis County. A federally enforceable 2013 consent decree, not a part of this SIP submittal, required by September 10, 2014 shutdown of two kilns and reconstruction of kiln #3 with Selective Noncatalytic Reduction (SNCR) with an emission limitation of 1.5 pounds of NOX per ton of clinker produced (lb NOX/ton of clinker), and a 12-month rolling tonnage limit for NOX of 975 tpy. A May 11, 2016 letter from Ash Grove to TCEQ confirms decommissioning of the kilns # 1 and 2. We have made this letter available in docket for this action. The reconstructed kiln #3 is a dry kiln subject to the 1.5 lb NOX/ton of clinker emission standard per 40 CFR 60 subpart F (New Source Performance Standard—NSPS) for Portland Cement Plants. A review of NOX emission limits in place across the country is included with the TSD for this action, and it can be seen that this limit is well within the range of the most stringent controls currently in place. This NOX emission limit is the lowest emission limitation through application of control techniques (SNCR) that is reasonably available considering technological and economic feasibility, and therefore the VerDate Sep<11>2014 16:41 Jul 18, 2017 Jkt 241001 NSPS satisfies RACT for Ash Grove in Ellis County. The TCEQ has the delegated authority to enforce this federal standard through the agency’s general NSPS delegation. The TCEQ air permit for this plant is available in the docket for this action. Further, we are proposing to remove our approval of the cap rules as being RACT for Ash Grove and finding that the NSPS applicable to Ash Grove meets RACT for the 2008 ozone NAAQS. Holcim U.S., Inc. (Holcim) currently has two dry preheater/precalciner kilns equipped with SNCR. There has not been a long wet cement kiln associated with the Holcim operations in Ellis County. The current section 117.3123 source cap is established at 5.3 tpd NOX for Holcim. As discussed above this cap was established based on an emission factor of 1.7 lbs/ton of clinker. Again such an emission rate is among the most stringent emission rates in place across the country. We believe the NOX emission limitation established by the section 117.3123 cap is the lowest emission limitation through application of control techniques (SNCR) that is reasonably available considering technological and economic feasibility for this source, and therefore it satisfies RACT for Holcim. Consequently, we are retaining the cap rules as meeting RACT for Holcim for the 2008 ozone NAAQS. Martin Marietta (MM) currently operates one dry preheater/precalciner kiln #5. The existing section 117.3123 source cap allocated to this kiln is set at 7.9 tpd NOX. The permitted capacity of this kiln is 2,800,000 tons of clinker per year, and it has a permitted emissions limitation of 1.95 lb NOX/ton of clinker. According to TCEQ, the kiln #5 typically operates well below the source cap, at an average emission factor below 1.5 lbs/ton of clinker. While the NOX limit of 1.95 lbs/ton of clinker is somewhat higher than the limits in place at other cement plants in Ellis County, it is still among the most stringent limits in the country. We believe that it is reasonable for the limit to be less stringent than Ash Grove’s limit because Ash Grove (kiln #3) is a new source and new sources generally can achieve a lower emission rate than existing sources that must be retrofitted. We also believe it is reasonable that MM’s limit be somewhat higher than the emission factor (1.7 lbs/ton of clinker) used to establish the emission cap at Holcim because the emission cap allows for operational flexibility to balance emissions between the two Holcim kilns. We are proposing to conditionally approve 1.95 lbs/ton of clinker as RACT for MM following the State’s written PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 33029 commitment to EPA. The commitment letter states that through an agreed order between TCEQ and MM, certain conditions of MM’s air permit, concerning the NOX emission limitation of 1.95 lb/ton of clinker produced from kiln #5, will be incorporated into a future revision to the Texas SIP. That particular future SIP revision will be submitted to EPA per timeline described in section F below. We have reviewed the emission limitations and control requirements for the source category listed in Table 2 above, the corresponding sections in 30 TAC Chapter 117, and the Appendix F of the July 10, 2015 DFW SIP submittal, and compared them against EPA’s ACT documents and guidelines. Based on our review and evaluation we found the emission limitations and control requirements in 30 TAC Chapter 117 and the Appendix F of the July 10, 2015 DFW SIP submittal for the above source category to be consistent with our guidance and ACT documents. We have also found these limits are among the most stringent in place in the country, at this time. As such, we are proposing that they provide for the lowest emission limitation through application of control techniques that are reasonably available considering technological and economic feasibility. For more information, see parts 2 and 4 of the TSD prepared in conjunction with this action. F. What is a conditional approval? Under section 110(k)(4) of the Act the Administrator may approve a plan revision based on a commitment of the State to adopt specific enforceable measures by a date certain, but not later than 1 year after the date of approval of the plan revision. Any such conditional approval shall be treated as a disapproval, if the State fails to comply with such commitment. If the State does not meet its commitment within the specified time period by 1) not adopting and submitting measures by the date it committed to, 2) not submitting anything, or 3) EPA finding the submittal incomplete, the approval will be converted to a disapproval. The Regional Administrator would send a letter to the State finding that it did not meet its commitment or that the submittal is incomplete and that the SIP submittal was therefore disapproved. The 18-month clock for sanctions and the two-year clock for a Federal Implementation Plan would start as of the date of the letter. Subsequently, a notice to that effect would be published in the Federal Register, and appropriate language inserted in the CFR. E:\FR\FM\19JYP1.SGM 19JYP1 33030 Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Proposed Rules III. Proposed Action We are proposing to conditionally approve revisions to the Texas SIP addressing NOX RACT for the Martin Marietta (formerly, Texas Industries, Inc., or TXI) cement manufacturing plant in Ellis County. We are proposing to approve revisions to the Texas SIP addressing NOX RACT for all other affected sources in the ten County DFW 2008 8-Hour ozone nonattainment area. We are also proposing to approve NOX RACT negative declarations for the DFW area under the 2008 8-Hour ozone NAAQS. IV. 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. Additional information about these statutes and Executive Orders can be found at https://www2.epa.gov/lawsregulations/laws-and-executive-orders. A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget (OMB) for review. B. Paperwork Reduction Act (PRA) This action does not impose an information collection burden under the PRA because this action does not impose additional requirements beyond those imposed by state law. mstockstill on DSK30JT082PROD with PROPOSALS C. Regulatory Flexibility Act (RFA) I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. This action will not impose any requirements on small entities beyond those imposed by state law. D. Unfunded Mandates Reform Act (UMRA) This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531–1538, and does not significantly or uniquely affect small governments. This action does not impose additional requirements beyond those imposed by state law. Accordingly, no additional costs to State, local, or tribal governments, or to the private sector, will result from this action. VerDate Sep<11>2014 16:41 Jul 18, 2017 Jkt 241001 E. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. F. Executive Order 13175: Coordination With Indian Tribal Governments J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Population The EPA lacks the discretionary authority to address environmental justice in this rulemaking. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Hydrocarbons, Incorporation by reference, Intergovernmental relations, Nitrogen dioxides, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. This action does not have tribal implications, as specified in Executive Order 13175, because the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction, and will not impose substantial direct costs on tribal governments or preempt tribal law. Thus, Executive Order 13175 does not apply to this action. Dated: July 11, 2017. Samuel Coleman, Acting Regional Administrator, Region 6. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks 40 CFR Part 52 The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ‘‘covered regulatory action’’ in section 2–202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not impose additional requirements beyond those imposed by state law. H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act (NTTAA) Section 12(d) of the NTTAA directs the EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. The EPA believes that this action is not subject to the requirements of section 12(d) of the NTTAA because application of those requirements would be inconsistent with the CAA. PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 Authority: 42 U.S.C. 7401 et seq. [FR Doc. 2017–15165 Filed 7–18–17; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–R09–OAR–2016–0740; FRL–9965–07– Region 9] Approval of California Air Plan Revisions; Sacramento Metropolitan Air Quality Management District Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve revisions to the Sacramento Metropolitan Air Quality Management District (SMAQMD) portion of the California State Implementation Plan (SIP). These revisions concern emissions of volatile organic compounds (VOC) from organic chemical manufacturing operations. We are proposing to approve a local rule and a rule rescission to regulate these emission sources under the Clean Air Act (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action. DATES: Any comments must arrive by August 18, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R09– OAR–2016–0740 at https:// www.regulations.gov, or via email to Andrew Steckel, Rulemaking Office Chief at Steckel.Andrew@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be removed or edited from Regulations.gov. For either manner SUMMARY: E:\FR\FM\19JYP1.SGM 19JYP1

Agencies

[Federal Register Volume 82, Number 137 (Wednesday, July 19, 2017)]
[Proposed Rules]
[Pages 33026-33030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15165]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2015-0496; FRL-9964-11-Region 6]


Approval and Promulgation of Implementation Plans; Texas; 
Reasonably Available Control Technology for the 2008 8-Hour Ozone 
National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or Act), the 
Environmental Protection Agency (EPA) is proposing to conditionally 
approve revisions to the Texas State Implementation Plan (SIP) 
addressing Oxides of Nitrogen (NOX) Reasonably Available 
Control Technology (RACT) for the Martin Marietta (formerly, Texas 
Industries, Inc., or TXI) cement manufacturing plant in Ellis County. 
We are proposing to fully approve revisions to the Texas SIP addressing 
NOX RACT for all other affected sources in the ten county 
Dallas Fort Worth (DFW) 2008 8-Hour ozone nonattainment area. We are 
also proposing to approve NOX RACT negative declarations (a 
finding that there are no emission sources in certain categories) for 
the DFW 2008 8-Hour ozone nonattainment area. The DFW 2008 8-Hour ozone 
nonattainment area consists of Collin, Dallas, Denton, Ellis, Johnson, 
Kaufman, Parker, Rockwall, Tarrant, and Wise counties. The RACT 
requirements apply to major sources of NOX in these ten 
counties.

DATES: Comments must be received on or before August 18, 2017.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2015-0496 or via email to shar.alan@epa.gov. Follow the on-line 
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.

[[Page 33027]]

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 submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact Alan Shar, 
(214) 665-6691, shar.alan@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 the 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: Mr. Alan Shar (6MM-AA), (214) 665-
6691, shar.alan@epa.gov. To inspect the hard copy materials, please 
contact Alan Shar.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' refer to EPA.

Outline

I. Background
    A. What is RACT, and what are the RACT requirements relevant for 
this action?
II. Evaluation
    A. What is the Texas Commission on Environmental Quality's 
(TCEQ) approach and analysis to RACT?
    B. Is Texas' RACT determination for NOX sources 
approvable?
    C. Are there negative declarations for categories of 
NOX sources within this nonattainment area?
    D. RACT and Cement Manufacturing Plants
    E. Ellis County Cement Manufacturing Plants
    F. What is a conditional approval?
III. Proposed Action
IV. Statutory and Executive Order Reviews

I. Background

A. What is RACT and what are the RACT requirements relevant for this 
action?

    Section 172(c)(1) of the Clean Air Act (CAA, Act) requires that 
SIPs for nonattainment areas ``provide for the implementation of all 
reasonably available control measures as expeditiously as practicable 
(including such reductions in emissions from existing sources in the 
area as may be obtained through the adoption, at a minimum, of 
reasonably available control technology) and shall provide for 
attainment of the primary National Ambient Air Quality Standards 
(NAAQS).'' The EPA has defined RACT as the lowest emissions limitation 
that a particular source is capable of meeting by the application of 
control technology that is reasonably available, considering 
technological and economic feasibility. See September 17, 1979 (44 FR 
53761).
    Section 182(b)(2) of the Act requires states to submit a SIP 
revision and implement RACT for major stationary sources in moderate 
and above ozone nonattainment areas. For a Moderate, Serious, or Severe 
area a major stationary source is one that emits, or has the potential 
to emit, 100, 50, or 25 tons per year (tpy) or more of VOCs or 
NOX, respectively. See CAA sections 182(b), 182(c), and 
182(d). The EPA provides states with guidance concerning what types of 
controls could constitute RACT for a given source category through the 
issuance of Control Technique Guidelines (CTG) and Alternative Control 
Techniques (ACT) documents. See https://www.epa.gov/airquality/ozonepollution/SIPToolkit/ctgs.html (URL dating August 17, 2014) for a 
listing of EPA-issued CTGs and ACTs.
    The DFW nonattainment area was designated nonattainment for the 
1997 8-Hour ozone standard and classified as Moderate with an 
attainment deadline of June 15, 2010. See January 14, 2009 (74 FR 
1903).
    The DFW area was later reclassified to Serious on December 20, 2010 
(75 FR 79302) because it failed to attain the 1997 8-Hour standard by 
its attainment deadline of June 15, 2010. Thus, per section 182(c) of 
the CAA, a major stationary source in the DFW area, is one which emits, 
or has the potential to emit, 50 tpy or more of VOCs or NOX. 
The EPA approved NOX RACT for the DFW area classified as 
Serious under the 1997 8-Hour Ozone standard on March 27, 2015 (80 FR 
16291).
    The EPA designated the DFW area as nonattainment for the 2008 8-
Hour ozone NAAQS with a moderate classification. The designated area 
for the 2008 standard includes Wise County, which was not included as 
part of the nonattainment area for the 1997 8-Hour Ozone standard. See 
May 21, 2012 (77 FR 30088), 40 CFR 81.344; and Mississippi Commission 
on Environmental Quality vs. EPA, No. 12-1309 (D.C. Cir., June 2, 2015) 
(upholding EPA's inclusion of Wise County in the DFW 2008 8-Hour ozone 
nonattainment area).
    Thus, based on the moderate classification of the DFW area for the 
2008 ozone standard, under section 182(b) of the CAA, a major 
stationary source in Wise County is one that emits, or has the 
potential to emit, 100 tpy or more of VOCs or NOX.

II. Evaluation

A. What is the TCEQ's approach and analysis to RACT?

    Sections 182(b)(2)(A) and (B) of the CAA require that states must 
ensure RACT is in place for each source category for which EPA has 
issued a CTG, and for any major source not covered by a CTG. The EPA 
has not issued CTGs for sources of NOX, so the 
NOX RACT requirement applies to all major sources of 
NOX. As a part of its July 10, 2015 DFW SIP submittal, TCEQ 
conducted RACT analyses to demonstrate that the RACT requirements for 
affected NOX sources in the DFW 2008 8-Hour ozone 
nonattainment area have been satisfied, relying on the NOX 
RACT rules EPA had previously approved for the DFW area for its 
classification as Serious for the 1997 8-Hour ozone standard. See March 
27, 2015 (80 FR 16292), and 40 CFR 51.1112. The RACT analysis is 
contained in Appendix F of the TCEQ July 10, 2015 SIP submittal as a 
component of the DFW 2008 8-Hour ozone attainment demonstration plan.

B. Is Texas' RACT determination for NOX sources approvable?

    The requirements for RACT are included in 182(b)(2) of the Act and 
further explained in our ``SIP Requirements Rule'' of March 6, 2015 (80 
FR 12279), which explains States should refer to existing CTGs and ACTs 
as well as all relevant technical information including recent 
technical information received during the public comment period to 
determine if RACT is being applied. States may conclude, in some cases, 
that sources already addressed by RACT determinations to meet the 1-
Hour and/or the 1997 8-Hour ozone NAAQS do not need to implement 
additional controls to meet the 2008 ozone NAAQS RACT requirement. The 
EPA has previously found that Texas NOX rules meet RACT for 
the 1-Hour and the 1997 8-Hour standards. See March 27, 2015 (80 FR 
16291).
    Texas adopted new rules for wood-fired boilers in the DFW area, and 
new rules for major sources in the added county, Wise County, and 
determined they were RACT. We have reviewed the wood-fired boilers 
rules and the rules for major sources in Wise County and

[[Page 33028]]

are proposing that those rules are RACT for the covered sources. In 
addition, we are proposing to determine that the State's certification 
that the applicable control requirements Texas has in place for all 
other affected NOX sources as identified in Table F-4 of the 
submittal (including the proposed conditional approval for the Martin 
Marietta cement manufacturing plant in Ellis County) meet the RACT 
requirement for the 2008 8-Hour ozone standard. See part 3, section 5 
of the TSD.
    Table 1 below contains a list of affected source categories, EPA 
reference documents, and the corresponding sections of 30 TAC Chapter 
117 that TCEQ determined were RACT for sources of NOX in the 
DFW area for the 2008 NAAQS. See Table F1, Appendix F of the July 10, 
2015 DFW SIP submittal.

 Table 1--Source Categories, EPA reference Documents, and Corresponding Section of 30 TAC Chapter 117 Fulfilling
                                                      RACT
----------------------------------------------------------------------------------------------------------------
                                                                                            30 TAC chapter 117
                Source category                         EPA reference documents              fulfilling RACT
----------------------------------------------------------------------------------------------------------------
Glass Manufacturing...........................  NOX Emissions from Glass Manufacturing       Sec.   117.400-Sec.
                                                 (EPA-453/R-94-037, June 1994).                          117.456
Industrial, Commercial, and Institutional       NOX Emissions from Industrial,               Sec.   117.400-Sec.
 Boilers.                                        Commercial and Institutional Boilers                    117.456
                                                 (EPA-453/R-94-022, March 1994).
Iron and Steel Mills..........................  NOX Emissions from Iron and Steel Mills      Sec.   117.400-Sec.
                                                 (EPA-453/R-94-065, September 1994).                     117.456
Process Heaters...............................  NOXEmissions from Process Heaters (EPA-      Sec.   117.400-Sec.
                                                 453/R-93-034, September 1993).                          117.456
Stationary Internal Combustion Engines........  NOX Emissions from Stationary Internal       Sec.   117.400-Sec.
                                                 Combustion Engines (EPA-453/R-93-032,                   117.456
                                                 July 1993, Updated September 2000).
Stationary Turbines...........................  NOX Emissions from Stationary                Sec.   117.400-Sec.
                                                 Combustion Turbines (EPA-453/R-93-007,                  117.456
                                                 January 1993).
Utility Boilers...............................  NOX Emissions from Utility Boilers (EPA-    Sec.   117.1300-Sec.
                                                 453/R-94-023, March 1994).                             117.1356
----------------------------------------------------------------------------------------------------------------

    On April 13, 2016 (81 FR 21747), we approved revisions to 30 TAC 
Chapter 117 (NOX rules) for control of NOX 
emissions for affected sources in the DFW area as part of the SIP, but 
did not make the determination whether these rule revisions met RACT at 
81 FR 21747. See docket No. EPA-R06-OAR-2015-0497 at 
www.regulations.gov.
    We have reviewed the emission limitations and control requirements 
for the above source categories, Table 1, in 30 TAC Chapter 117, and 
compared them against EPA's ACT documents, available technical 
information, and guidelines. Based on our review and evaluation we 
found the emission limitations and control requirements in 30 TAC 
Chapter 117 for the above source categories to be consistent with our 
guidance and ACT documents, and based upon available technical 
information that the corresponding sections in 30 TAC Chapter 117 
provide for the lowest emission limitation through application of 
control techniques that are reasonably available considering 
technological and economic feasibility. For more information, see part 
3, section 6 of the TSD prepared in conjunction with this action. Also, 
see part 4 of the TSD for the March 27, 2015 (80 FR 16291) at 
www.regulations.gov, docket ID No. EPA-R06-OAR-2013-0804.
    We are proposing to find that the control requirements for the 
source categories identified in Table 1 are RACT for all affected 
sources in the ten County DFW area under the 2008 8-Hour ozone NAAQS. 
See part 3, sections 5-7 of the TSD.

C. Are there negative declarations for categories of NOX 
sources within this nonattainment area?

    States are not required to adopt RACT limits for source categories 
for which no sources exist in a nonattainment area and can submit a 
negative declaration to that effect. Texas has reviewed its emissions 
inventory and determined that there are no nitric and adipic acid 
manufacturing operations in the DFW area. See Table F-1, page 8 of the 
Appendix F, titled ``State Rules Addressing NOX RACT 
Requirements in ACT Reference.'' We are also unaware of any such 
facilities operating in the DFW nonattainment area, and thus we are 
proposing to approve the negative declarations made for the nitric and 
adipic acid manufacturing operations in the ten County DFW area under 
the 2008 8-Hour ozone NAAQS.

D. RACT and Cement Manufacturing Plants

    As detailed in Table 2 below, EPA has issued guidance on 
NOX emissions from Cement Manufacturing Plants and Texas has 
adopted rules for the control of NOX emissions from Cement 
Manufacturing Plants codified at 30 TAC Chapter 117. The rules 
establish NOX emissions by adopting a NOX cap on 
each of the cement manufacturing plants in the area.

     Table 2--Cement Manufacturing, EPA Reference Documents, and Corresponding Section of 30 TAC Chapter 117
                                                 Fulfilling RACT
----------------------------------------------------------------------------------------------------------------
                                                                                            30 TAC chapter 117
                Source category                         EPA reference documents              fulfilling RACT
----------------------------------------------------------------------------------------------------------------
Cement Manufacturing..........................  NOX Emissions from Cement Manufacturing    Sec.   117.3100--Sec.
                                                 (EPA-453/R-94-004, 1994/03); and NOX                   117.3145
                                                 Control Technologies for the Cement
                                                 Industry: Final Report (EPA-457/R-00-
                                                 002, 2000/09).
----------------------------------------------------------------------------------------------------------------

    The source cap provision is a NOX emission limitation 
expressed in tons per day (tpd) for cement kilns in Ellis County 
(thereafter, Cap8hour, cap). The Cap8hour was 
established based on a formula that included average annual tons of 
clinker produced for the three-year period of 2003, 2004, and 2005 plus 
one standard deviation. See 30 TAC Sec.  117.3123. The addition of one 
standard deviation to the average annual clinker production rates was 
intended to provide further operational flexibility for the sources as 
they calculated their production rates for the wet and dry

[[Page 33029]]

kiln systems, ``NW'' and ``ND'', in order for 
TCEQ to determine a tpd numerical value for the Cap8hour 
emission limitation. See Equation 117.3123(b). The formula for 
establishing the Cap8hour includes an emission factor of 3.4 
lbs of NOX/ton of clinker produced for wet kilns, and an 
emission factor of 1.7 lbs of NOX/ton of clinker produced 
for dry kilns. Compliance with the 30-day rolling average cap must be 
shown starting March 31st of each calendar year, and the NOX 
cap limitation in section 117.3123 applies from March 1st through 
October 31st of each calendar year. See part 4, sections 8 and 9 of the 
TSD for more information. Each cement manufacturing plant in Ellis 
County has been allocated a specific value in tons per day as its cap. 
Once established based on 2003, 2004, and 2005 production rates the 
calculated emission rate is not changed. We approved this rule on 
January 14, 2009 (74 FR 1927) as part of the DFW SIP, and as meeting 
the NOX RACT requirement for cement kilns operating in the 
DFW 1997 8-Hour ozone nonattainment area. Since that time, there are no 
longer any wet kilns in the area.

E. Ellis County Cement Manufacturing Plants

    Currently, three companies operate four cement kilns in Ellis 
County. Below we evaluate whether RACT is in place for these plants.
    Ash Grove Cement Company (Ash Grove) operated three kilns in Ellis 
County. A federally enforceable 2013 consent decree, not a part of this 
SIP submittal, required by September 10, 2014 shutdown of two kilns and 
reconstruction of kiln #3 with Selective Noncatalytic Reduction (SNCR) 
with an emission limitation of 1.5 pounds of NOX per ton of 
clinker produced (lb NOX/ton of clinker), and a 12-month 
rolling tonnage limit for NOX of 975 tpy. A May 11, 2016 
letter from Ash Grove to TCEQ confirms decommissioning of the kilns # 1 
and 2. We have made this letter available in docket for this action. 
The reconstructed kiln #3 is a dry kiln subject to the 1.5 lb 
NOX/ton of clinker emission standard per 40 CFR 60 subpart F 
(New Source Performance Standard--NSPS) for Portland Cement Plants. A 
review of NOX emission limits in place across the country is 
included with the TSD for this action, and it can be seen that this 
limit is well within the range of the most stringent controls currently 
in place. This NOX emission limit is the lowest emission 
limitation through application of control techniques (SNCR) that is 
reasonably available considering technological and economic 
feasibility, and therefore the NSPS satisfies RACT for Ash Grove in 
Ellis County. The TCEQ has the delegated authority to enforce this 
federal standard through the agency's general NSPS delegation. The TCEQ 
air permit for this plant is available in the docket for this action. 
Further, we are proposing to remove our approval of the cap rules as 
being RACT for Ash Grove and finding that the NSPS applicable to Ash 
Grove meets RACT for the 2008 ozone NAAQS.
    Holcim U.S., Inc. (Holcim) currently has two dry preheater/
precalciner kilns equipped with SNCR. There has not been a long wet 
cement kiln associated with the Holcim operations in Ellis County. The 
current section 117.3123 source cap is established at 5.3 tpd 
NOX for Holcim. As discussed above this cap was established 
based on an emission factor of 1.7 lbs/ton of clinker. Again such an 
emission rate is among the most stringent emission rates in place 
across the country. We believe the NOX emission limitation 
established by the section 117.3123 cap is the lowest emission 
limitation through application of control techniques (SNCR) that is 
reasonably available considering technological and economic feasibility 
for this source, and therefore it satisfies RACT for Holcim. 
Consequently, we are retaining the cap rules as meeting RACT for Holcim 
for the 2008 ozone NAAQS.
    Martin Marietta (MM) currently operates one dry preheater/
precalciner kiln #5. The existing section 117.3123 source cap allocated 
to this kiln is set at 7.9 tpd NOX. The permitted capacity 
of this kiln is 2,800,000 tons of clinker per year, and it has a 
permitted emissions limitation of 1.95 lb NOX/ton of 
clinker. According to TCEQ, the kiln #5 typically operates well below 
the source cap, at an average emission factor below 1.5 lbs/ton of 
clinker. While the NOX limit of 1.95 lbs/ton of clinker is 
somewhat higher than the limits in place at other cement plants in 
Ellis County, it is still among the most stringent limits in the 
country. We believe that it is reasonable for the limit to be less 
stringent than Ash Grove's limit because Ash Grove (kiln #3) is a new 
source and new sources generally can achieve a lower emission rate than 
existing sources that must be retrofitted. We also believe it is 
reasonable that MM's limit be somewhat higher than the emission factor 
(1.7 lbs/ton of clinker) used to establish the emission cap at Holcim 
because the emission cap allows for operational flexibility to balance 
emissions between the two Holcim kilns.
    We are proposing to conditionally approve 1.95 lbs/ton of clinker 
as RACT for MM following the State's written commitment to EPA. The 
commitment letter states that through an agreed order between TCEQ and 
MM, certain conditions of MM's air permit, concerning the 
NOX emission limitation of 1.95 lb/ton of clinker produced 
from kiln #5, will be incorporated into a future revision to the Texas 
SIP. That particular future SIP revision will be submitted to EPA per 
timeline described in section F below.
    We have reviewed the emission limitations and control requirements 
for the source category listed in Table 2 above, the corresponding 
sections in 30 TAC Chapter 117, and the Appendix F of the July 10, 2015 
DFW SIP submittal, and compared them against EPA's ACT documents and 
guidelines. Based on our review and evaluation we found the emission 
limitations and control requirements in 30 TAC Chapter 117 and the 
Appendix F of the July 10, 2015 DFW SIP submittal for the above source 
category to be consistent with our guidance and ACT documents. We have 
also found these limits are among the most stringent in place in the 
country, at this time. As such, we are proposing that they provide for 
the lowest emission limitation through application of control 
techniques that are reasonably available considering technological and 
economic feasibility. For more information, see parts 2 and 4 of the 
TSD prepared in conjunction with this action.

F. What is a conditional approval?

    Under section 110(k)(4) of the Act the Administrator may approve a 
plan revision based on a commitment of the State to adopt specific 
enforceable measures by a date certain, but not later than 1 year after 
the date of approval of the plan revision. Any such conditional 
approval shall be treated as a disapproval, if the State fails to 
comply with such commitment. If the State does not meet its commitment 
within the specified time period by 1) not adopting and submitting 
measures by the date it committed to, 2) not submitting anything, or 3) 
EPA finding the submittal incomplete, the approval will be converted to 
a disapproval. The Regional Administrator would send a letter to the 
State finding that it did not meet its commitment or that the submittal 
is incomplete and that the SIP submittal was therefore disapproved. The 
18-month clock for sanctions and the two-year clock for a Federal 
Implementation Plan would start as of the date of the letter. 
Subsequently, a notice to that effect would be published in the Federal 
Register, and appropriate language inserted in the CFR.

[[Page 33030]]

III. Proposed Action

    We are proposing to conditionally approve revisions to the Texas 
SIP addressing NOX RACT for the Martin Marietta (formerly, 
Texas Industries, Inc., or TXI) cement manufacturing plant in Ellis 
County. We are proposing to approve revisions to the Texas SIP 
addressing NOX RACT for all other affected sources in the 
ten County DFW 2008 8-Hour ozone nonattainment area. We are also 
proposing to approve NOX RACT negative declarations for the 
DFW area under the 2008 8-Hour ozone NAAQS.

IV. 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. Additional information 
about these statutes and Executive Orders can be found at https://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA because this action does not impose additional requirements 
beyond those imposed by state law.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities beyond those 
imposed by state law.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action does not impose additional requirements 
beyond those imposed by state law. Accordingly, no additional costs to 
State, local, or tribal governments, or to the private sector, will 
result from this action.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175, because the SIP is not approved to apply on any 
Indian reservation land or in any other area where the EPA or an Indian 
tribe has demonstrated that a tribe has jurisdiction, and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law. Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not impose additional 
requirements beyond those imposed by state law.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or otherwise impractical. The EPA 
believes that this action is not subject to the requirements of section 
12(d) of the NTTAA because application of those requirements would be 
inconsistent with the CAA.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Population

    The EPA lacks the discretionary authority to address environmental 
justice in this rulemaking.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxides, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: July 11, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2017-15165 Filed 7-18-17; 8:45 am]
BILLING CODE 6560-50-P
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