Air Plan Approval; Texas; Reasonably Available Control Technology, 56770-56773 [2018-24658]

Download as PDF 56770 Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Proposed Rules would prohibit entry within a portion of the Washington Channel. Normally such actions are categorically excluded from further review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev. 01. A preliminary Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places, or vessels. V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at https:// www.regulations.gov. If your material cannot be submitted using https:// www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to https:// www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit https:// www.regulations.gov/privacyNotice. Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website’s instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. VerDate Sep<11>2014 18:15 Nov 13, 2018 Jkt 247001 List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; and; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T05–1011 to read as follows: ■ § 165.T05–1011 Safety Zone for Fireworks Displays, Upper Potomac River, Washington Channel, Washington, DC. (a) Location. The following area is a safety zone: All navigable waters of the Washington Channel within 200 feet of the fireworks barge which will be located within an area bounded on the south by latitude 38°52′30″ W, and bounded on the north by the southern extent of the Francis Case (I–395) Memorial Bridge, located at Washington, DC. All coordinates refer to datum NAD 1983. (b) Definitions. As used in this section: (1) Captain of the Port (COTP) means the Commander, U.S. Coast Guard Sector Maryland-National Capital Region. (2) Designated representative means any Coast Guard commissioned, warrant, or petty officer who has been authorized by the Captain of the Port Maryland-National Capital Region to assist in enforcing the safety zone described in paragraph (a) of this section. (c) Regulations. (1) Under the general safety zone regulations in subpart C of this part, you may not enter the safety zone described in paragraph (a) of this section unless authorized by the COTP or the COTP’s designated representative. All vessels underway within this safety zone at the time it is activated are to depart the zone. (2) To seek permission to enter, contact the COTP or the COTP’s designated representative by telephone at 410–576–2693 or on Marine Band Radio VHF–FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing this section can be contacted on Marine Band Radio VHF–FM channel 16 (156.8 MHz). (3) Those in the safety zone must comply with all lawful orders or PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 directions given to them by the COTP or the COTP’s designated representative. (d) Enforcement officials. The U.S. Coast Guard may be assisted in the patrol and enforcement of the safety zone by Federal, State, and local agencies. (e) Enforcement. This safety zone will be enforced January 12, 2019, through December 31, 2019, from 7 p.m. to 11:59 p.m. each day that a barge with a ‘‘FIREWORKS—DANGER—STAY AWAY’’ sign on the port and starboard sides is on-scene or a ‘‘FIREWORKS— DANGER—STAY AWAY’’ sign is posted on land adjacent to the shoreline, near the location described in paragraph (a) of this section. The enforcement times of this section are subject to change, but the duration of each enforcement of the zone is expected to be 5 hours or less. Prior to enforcement, the COTP will provide notice by publishing a Notice of Enforcement in the Federal Register, as well as issuing a Broadcast Notice to Mariners. Dated: November 7, 2018. Joseph B. Loring, Captain, U.S. Coast Guard, Captain of the Port Maryland-National Capital Region. [FR Doc. 2018–24773 Filed 11–13–18; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R06–OAR–2018–0675; FRL–9985–91– Region 6] Air Plan Approval; Texas; Reasonably Available Control Technology Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to convert its September 22, 2017 conditional approval of revisions to the Texas State Implementation Plan (SIP), addressing Oxides of Nitrogen (NOX) Reasonably Available Control Technology (RACT) for the TXI Operations, LP (Texas Industries, Inc., TXI) cement manufacturing plant in Ellis County, to full approval. The August 21, 2018 SIP submittal satisfies Texas’ commitment which was the basis for our conditional approval of NOX RACT for this plant. Final approval of this SIP submittal will convert our earlier conditional approval to full approval. We are taking this action in accordance with the Clean Air Act (CAA, the Act) requirements. SUMMARY: E:\FR\FM\14NOP1.SGM 14NOP1 Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Proposed Rules Comments must be received on or before December 14, 2018. ADDRESSES: Submit your comments, identified by Docket No. EPA–R06– OAR–2018–0675 at https:// www.regulations.gov or via email to shar.alan@epa.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact Mr. 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 schedule an appointment with Alan Shar. SUPPLEMENTARY INFORMATION: Throughout this document ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. DATES: Outline I. Background A. RACT and the RACT Requirements Relevant for This Action B. Conditional Approval II. Evaluation III. Proposed Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Background As a part of its July 10, 2015 Dallas Fort Worth (DFW) SIP submittal, TCEQ VerDate Sep<11>2014 18:15 Nov 13, 2018 Jkt 247001 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. On September 22, 2017, we conditionally approved NOX RACT for the TXI cement manufacturing plant in Ellis County, and fully approved NOX RACT for all other affected sources in the ten county DFW 2008 8-Hour Ozone nonattainment area. On August 21, 2018 TCEQ submitted a revision to Texas SIP addressing NOX RACT for the TXI cement manufacturing plant in Ellis County as a part of its DFW 2008 8-Hour Ozone National Ambient Air Quality Standards (NAAQS) SIP update. The August 21, 2018 SIP submittal contains both an Agreed Order (AO) concerning TXI and a SIP narrative for DFW NOX RACT. A. RACT and 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.1 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.2 The DFW area was classified as Serious on December 20, 2010 (75 FR 79302). Ellis County is one 1 September 2 CAA PO 00000 17, 1979 (44 FR 53761). sections 182(b), 182(c), and 182(d). Frm 00030 Fmt 4702 Sfmt 4702 56771 of the ten Counties constituting the DFW 2008 8-Hour Ozone nonattainment area. 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 TXI cement manufacturing plant in Ellis County is a major source of NOX, and subject to RACT. The terms ‘‘TXI Operations, LP’’, ‘‘TXI’’, ‘‘Martin Marietta’’, and ‘‘MM’’ are used interchangeably in this action.3 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.4 B. 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. The EPA conditionally approved NOX RACT for the TXI cement manufacturing plant in Ellis County on September 22, 2017 (82 FR 44320), with an effective date of October 23, 2017.5 The RACT determination action was based on the State’s written commitment to EPA that through an AO or rulemaking action, between TCEQ and TXI, certain conditions of their air permit, concerning the NOX emission limitation of 1.95 lb/ton of clinker produced from kiln #5, would be incorporated into a forthcoming revision to the Texas SIP.6 This SIP revision was necessary so that the emission limit relied upon to implement NOX RACT would be part of the Texas SIP. The forthcoming revision to the Texas SIP was to be submitted to EPA no later than one year from the effective date of final conditional approval of the NOX RACT for kiln #5, or no later than October 23, 2018. See section 110(k)(4) of the CAA. The August 21, 2018 SIP submittal was provided to fulfil TCEQ’s written commitment to EPA. RACT for the TXI 3 Index of written testimony, Reference number W–1, August 21, 2018 SIP submission. 4 See https://www.epa.gov/airquality/ ozonepollution/SIPToolkit/ctgs.html. 5 EPA Docket No. EPA–R06–OAR–2015–0496 available at www.regulations.gov. 6 July 29, 2016 letter at www.regulations.gov document ID No. EPA–R06–OAR–2015–0496–0035. E:\FR\FM\14NOP1.SGM 14NOP1 56772 Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Proposed Rules cement kiln #5 is fulfilled by an AO 7 which is included in the SIP submittal and will become part of the SIP, if EPA finalizes this proposed approval. The scope of this rulemaking action is strictly limited to evaluating the SIP revision, including the AO, and whether it meets the requirements of the conditional approval. The AO includes incorporation of certain TXI’s New Source Review (NSR) SIP permit conditions (Specific Conditions 3.A(1)– (3) of NSR Permit 1360A(PSDTX632M1)) such that the AO stands on its own and insures the necessary requirements will become a part of the Texas SIP. No further RACT review or determination is being conducted here. Comments concerning the area’s ozone attainment demonstration plan, or review of NOX RACT are beyond the scope of this rulemaking action. II. Evaluation As a part of our July 19, 2017 proposal (82 FR 33026) and September 22, 2017 final (82 FR 44320) rulemaking actions we, among other things, determined the NOX emission limitations and control requirements in Appendix F meet RACT for each cement manufacturing plant in Ellis County, including the TXI cement manufacturing plant in Ellis County.8 As a part of our RACT determination at 82 FR 44320, we found that emission limitations and control requirements for the TXI plant contained in certain terms of TXI’s air permit, including the NOX emission limitation of 1.95 lb/ton of clinker are consistent with our guidance and ACT documents, and meet the lowest emission limitation through application of control techniques that are reasonably available considering technological and economic feasibility. The air permit, however, is not part of the SIP. Therefore, our approval was conditioned on certain terms of the permit being approved by EPA as a source-specific SIP revision. TCEQ committed to address the referenced terms of TXI’s air permit through rule revision or an AO in a SIP revision, and submit that SIP to the EPA as a revision to its NOX RACT SIP no later than October 23, 2018. See section 110(k)(4) of the Act (conditional approval). As stated above, the August 21, 2018 SIP submittal satisfies that commitment. The August 21, 2018 SIP submittal consists of an AO which states that the kiln #5 NOX CEMS is subject to the provisions in 30 TAC section 7 TCEQ Docket No. 2017–1648–SIP, Agreed Order. 8 Technical Support Document (TSD) ID No. EPA–R06–OAR–2015–0496–0036 at www.regulations.gov. VerDate Sep<11>2014 18:15 Nov 13, 2018 Jkt 247001 117.3140(b), 40 CFR 60.13, 40 CFR 60 Appendix B, Performance Specification 2, and is subject to audits in accordance with section 5.1 of Appendix F Quality Assurance Procedures.9 The kiln #5 stack exhaust flow rate is subject under the AO to 30 TAC section 117.3142(a)(2), which requires monitoring with a flow meter subject to 40 CFR part 60 Appendix B, Performance Specification 6 or 40 CFR part 75 Appendix A.10 Pursuant to the AO, the TXI must monitor and record clinker production rates, in tons per hour, tons per day, daily summed on a 30-day rolling basis, and monthly summed on a 12-month rolling basis. Hourly and daily clinker production rates may be based on the previous month’s feed-to-clinker ratio multiplied by the measured hourly/ daily kiln feed rate, as specified in 40 CFR 60 subpart F section 60.63(b). Records in units of lb NOX/ton of clinker produced are maintained on a 30-day rolling average basis.11 The AO also requires that the NOX emission limit is 1.95 lb NOX/ton of clinker for kiln #5, on a 30-day rolling average basis. Furthermore, this limit of 1.95 lb NOX per ton of clinker cannot be revised to be less stringent without an approved revised RACT determination in accordance with the State and Federal requirements for SIP revisions.12 The AO states that the Company shall make records available upon request by the TCEQ or any other air pollution control agency with jurisdiction over the Company.13 In addition, Special Conditions outlined in Part II, Item #2, subparagraphs 1, 2, and 3 of the AO shall be incorporated in Company’s NSR permit 1360A (PSDTX632M1) as they concern the NOX RACT limit, averaging periods, and NOX CEMS provisions for kiln #5, respectively. These provisions will provide for consistency between the TCEQ air permit and the federally enforceable NOX RACT SIP requirements for kiln #5. The AO has gone through public notice and comment at the State level, and it adopts specific enforceable measures in conformance with section 110(k)(4) of the Act. We find that the submitted AO meets the conditions for full approval and includes all the required provisions to meet the NOX RACT requirements that 9 Part I, stipulation 16 of the Agreed Order. 10 Id. 11 Id. 12 Part 13 Part PO 00000 I, Item #19 of Agreed Order. II, Item #3 of Agreed Order. Frm 00031 Fmt 4702 Sfmt 4702 EPA approved in the September 22, 2017 final action. III. Proposed Action We are proposing to find TCEQ’s August 21, 2018 SIP submittal satisfies its obligation under the September 22, 2017 (82 FR 44320) conditional approval, and to convert the September 22, 2017 (82 FR 44320) rulemaking to full approval. We are proposing to approve the August 21, 2018 SIP submittal, including approval of the AO as a source-specific NOX RACT revision to the SIP. IV. Incorporation by Reference In this action, we are proposing to include in a final rule regulatory text that includes incorporation by reference. In accordance with the requirements of 1 CFR 51.5, we are proposing to incorporate by reference revisions to Texas’ regulations, as described in the Proposed Action section above. The EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and in hard copy at the EPA Region 6 office. V. Statutory and Executive Order Reviews Under the 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 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) and 13563 (76 FR 3821, January 21, 2011); • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; • 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 E:\FR\FM\14NOP1.SGM 14NOP1 Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Proposed Rules 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 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, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the proposed rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Hydrocarbons, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: November 5, 2018. Anne Idsal, Regional Administrator, Region 6. [FR Doc. 2018–24658 Filed 11–13–18; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2018–0419; FRL–9986–48– Region 4] portions of State Implementation Plan (SIP) revisions provided by the State of North Carolina through the North Carolina Division of Air Quality (NCDAQ) in letters dated June 5, 2017, and August 22, 2017. The submissions revise several regulations concerning nitrogen oxides, emission control standards, monitoring, and reporting requirements. EPA is proposing to approve these provisions of the SIP revisions because these changes are consistent with the Clean Air Act (CAA or Act) and federal regulations. DATES: Comments must be received on or before December 5, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R04– OAR–2018–0419 at https:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. 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. 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, 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: Richard Wong, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303–8960. The telephone number is (404) 562–8726. Mr. Wong can also be reached via electronic mail at wong.richard@epa.gov. SUPPLEMENTARY INFORMATION: Environmental Protection Agency (EPA). ACTION: Proposed rule. I. Background NCDAQ submitted SIP revisions through letters dated June 5, 2017 and August 22, 2017 to EPA for review and approval into the North Carolina SIP.1 North Carolina’s SIP revisions include The Environmental Protection Agency (EPA) is proposing to approve 1 The SIP revisions were received by EPA on June 5, 2017 and September 6, 2017, respectively. Air Plan Approval; NC; Miscellaneous Revisions AGENCY: SUMMARY: VerDate Sep<11>2014 18:15 Nov 13, 2018 Jkt 247001 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 56773 multiple changes to its air quality rules, under subchapter 15A NCAC 2D, specifically at Section .1404, ‘‘Recordkeeping: Reporting: Monitoring,’’ Section .0542, ‘‘Control of Particulate Emissions from Cotton Ginning Operations,’’ Section .0606, ‘‘Sources Covered by Appendix P of 40 CFR part 51,’’ and Section .0608, ‘‘Other Large Coal or Residue Oil Burners.’’ EPA is not taking action on Section .0535, ‘‘Excess Emissions Reporting and Malfunctions’’ which is included in the changes in the August 22, 2017 SIP revision. EPA will address revisions to Section .0535 in a separate action. II. Analysis of the State’s Submittals A. June 5, 2017 SIP Submittal The June 5, 2017 submission revises North Carolina’s nitrogen oxides (NOX) Rule Section .1404, ‘‘Recordkeeping: Reporting: Monitoring’’ through several iterations.2 The State previously submitted the changes as four separate submissions.3 North Carolina took these rule changes to hearings on May 21, 2001, June 5, 2001, June 22, 2005, and November 11, 2007. NCDAQ subsequently withdrew and resubmitted these changes in a comprehensive submission. The revision that became state-effective on July 15, 2002, made minor and clarifying changes to subsections (a) ‘‘General requirements,’’ (b) ‘‘Submittal of information to show compliance status,’’ (c) ‘‘Excess emissions reporting,’’ (d) ‘‘Continuous emissions monitors,’’ (f) ‘‘Missing data,’’ (g) ‘‘Interim report for large sources,’’ (h) ‘‘Recordkeeping and reporting requirements for large sources,’’ and (i) ‘‘Averaging time for continuous emissions monitors.’’ Clarifying edits consisted of clarifying that records 2 NO Rule section .1404 was originally X submitted to EPA as part of the State’s NOX Budget and Allowance Trading Program in response to EPA’s regulation entitled ‘‘Finding of Significant Contribution and Rulemaking for Certain States in the Ozone Transport Assessment Group Region for Purposes of Reducing Regional Transport of Ozone,’’ otherwise known as the NOX SIP Call. 3 The June 5, 2017, cover letter requested withdrawal for submissions or portions of submissions dated August 14, 2002, October 14, 2004, March 24, 2006, and November 19, 2008, with state effective dates July 15, 2002, May 1, 2004, November 1, 2005, and January 1, 2009, respectively. Through a separate rulemaking on May 9, 2013, EPA took final action on portions of the October 14, 2004 submission approving some revisions, including those for section .1404, and conditionally approving other revisions. See 78 FR 27065. Additionally, the State previously submitted a revision to Section .1404 on December 14, 2004, and EPA finalized the rulemaking approving that revision on August 22, 2008 (73 FR 49613). Finally, the State previously submitted a revision to Section .1404 on December 27, 2002, and EPA finalized the rulemaking approving that revision on December 27, 2002. See 67 FR 78987. E:\FR\FM\14NOP1.SGM 14NOP1

Agencies

[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Proposed Rules]
[Pages 56770-56773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24658]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2018-0675; FRL-9985-91-Region 6]


Air Plan Approval; Texas; Reasonably Available Control Technology

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
convert its September 22, 2017 conditional approval of revisions to the 
Texas State Implementation Plan (SIP), addressing Oxides of Nitrogen 
(NOX) Reasonably Available Control Technology (RACT) for the 
TXI Operations, LP (Texas Industries, Inc., TXI) cement manufacturing 
plant in Ellis County, to full approval. The August 21, 2018 SIP 
submittal satisfies Texas' commitment which was the basis for our 
conditional approval of NOX RACT for this plant. Final 
approval of this SIP submittal will convert our earlier conditional 
approval to full approval. We are taking this action in accordance with 
the Clean Air Act (CAA, the Act) requirements.

[[Page 56771]]


DATES: Comments must be received on or before December 14, 2018.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2018-0675 at https://www.regulations.gov or via email to 
[email protected]. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e. on the web, cloud, or other file sharing system). For 
additional submission methods, please contact Mr. Alan Shar, (214) 665-
6691, [email protected]. 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, [email protected]. To 
inspect the hard copy materials, please schedule an appointment with 
Alan Shar.

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

Outline

I. Background
    A. RACT and the RACT Requirements Relevant for This Action
    B. Conditional Approval
II. Evaluation
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    As a part of its July 10, 2015 Dallas Fort Worth (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. 
On September 22, 2017, we conditionally approved NOX RACT 
for the TXI cement manufacturing plant in Ellis County, and fully 
approved NOX RACT for all other affected sources in the ten 
county DFW 2008 8-Hour Ozone nonattainment area.
    On August 21, 2018 TCEQ submitted a revision to Texas SIP 
addressing NOX RACT for the TXI cement manufacturing plant 
in Ellis County as a part of its DFW 2008 8-Hour Ozone National Ambient 
Air Quality Standards (NAAQS) SIP update. The August 21, 2018 SIP 
submittal contains both an Agreed Order (AO) concerning TXI and a SIP 
narrative for DFW NOX RACT.

A. RACT and 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.\1\
---------------------------------------------------------------------------

    \1\ 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.\2\ The DFW area was classified as Serious 
on December 20, 2010 (75 FR 79302). Ellis County is one of the ten 
Counties constituting the DFW 2008 8-Hour Ozone nonattainment area. 
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 TXI cement manufacturing plant in 
Ellis County is a major source of NOX, and subject to RACT.
---------------------------------------------------------------------------

    \2\ CAA sections 182(b), 182(c), and 182(d).
---------------------------------------------------------------------------

    The terms ``TXI Operations, LP'', ``TXI'', ``Martin Marietta'', and 
``MM'' are used interchangeably in this action.\3\
---------------------------------------------------------------------------

    \3\ Index of written testimony, Reference number W-1, August 21, 
2018 SIP submission.
---------------------------------------------------------------------------

    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.\4\
---------------------------------------------------------------------------

    \4\ See https://www.epa.gov/airquality/ozonepollution/SIPToolkit/ctgs.html.
---------------------------------------------------------------------------

B. 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.
    The EPA conditionally approved NOX RACT for the TXI 
cement manufacturing plant in Ellis County on September 22, 2017 (82 FR 
44320), with an effective date of October 23, 2017.\5\ The RACT 
determination action was based on the State's written commitment to EPA 
that through an AO or rulemaking action, between TCEQ and TXI, certain 
conditions of their air permit, concerning the NOX emission 
limitation of 1.95 lb/ton of clinker produced from kiln #5, would be 
incorporated into a forthcoming revision to the Texas SIP.\6\ This SIP 
revision was necessary so that the emission limit relied upon to 
implement NOX RACT would be part of the Texas SIP. The 
forthcoming revision to the Texas SIP was to be submitted to EPA no 
later than one year from the effective date of final conditional 
approval of the NOX RACT for kiln #5, or no later than 
October 23, 2018. See section 110(k)(4) of the CAA.
---------------------------------------------------------------------------

    \5\ EPA Docket No. EPA-R06-OAR-2015-0496 available at 
www.regulations.gov.
    \6\ July 29, 2016 letter at www.regulations.gov document ID No. 
EPA-R06-OAR-2015-0496-0035.
---------------------------------------------------------------------------

    The August 21, 2018 SIP submittal was provided to fulfil TCEQ's 
written commitment to EPA. RACT for the TXI

[[Page 56772]]

cement kiln #5 is fulfilled by an AO \7\ which is included in the SIP 
submittal and will become part of the SIP, if EPA finalizes this 
proposed approval. The scope of this rulemaking action is strictly 
limited to evaluating the SIP revision, including the AO, and whether 
it meets the requirements of the conditional approval. The AO includes 
incorporation of certain TXI's New Source Review (NSR) SIP permit 
conditions (Specific Conditions 3.A(1)-(3) of NSR Permit 
1360A(PSDTX632M1)) such that the AO stands on its own and insures the 
necessary requirements will become a part of the Texas SIP. No further 
RACT review or determination is being conducted here. Comments 
concerning the area's ozone attainment demonstration plan, or review of 
NOX RACT are beyond the scope of this rulemaking action.
---------------------------------------------------------------------------

    \7\ TCEQ Docket No. 2017-1648-SIP, Agreed Order.
---------------------------------------------------------------------------

II. Evaluation

    As a part of our July 19, 2017 proposal (82 FR 33026) and September 
22, 2017 final (82 FR 44320) rulemaking actions we, among other things, 
determined the NOX emission limitations and control 
requirements in Appendix F meet RACT for each cement manufacturing 
plant in Ellis County, including the TXI cement manufacturing plant in 
Ellis County.\8\
---------------------------------------------------------------------------

    \8\ Technical Support Document (TSD) ID No. EPA-R06-OAR-2015-
0496-0036 at www.regulations.gov.
---------------------------------------------------------------------------

    As a part of our RACT determination at 82 FR 44320, we found that 
emission limitations and control requirements for the TXI plant 
contained in certain terms of TXI's air permit, including the 
NOX emission limitation of 1.95 lb/ton of clinker are 
consistent with our guidance and ACT documents, and meet the lowest 
emission limitation through application of control techniques that are 
reasonably available considering technological and economic 
feasibility. The air permit, however, is not part of the SIP. 
Therefore, our approval was conditioned on certain terms of the permit 
being approved by EPA as a source-specific SIP revision. TCEQ committed 
to address the referenced terms of TXI's air permit through rule 
revision or an AO in a SIP revision, and submit that SIP to the EPA as 
a revision to its NOX RACT SIP no later than October 23, 
2018. See section 110(k)(4) of the Act (conditional approval). As 
stated above, the August 21, 2018 SIP submittal satisfies that 
commitment.
    The August 21, 2018 SIP submittal consists of an AO which states 
that the kiln #5 NOX CEMS is subject to the provisions in 30 
TAC section 117.3140(b), 40 CFR 60.13, 40 CFR 60 Appendix B, 
Performance Specification 2, and is subject to audits in accordance 
with section 5.1 of Appendix F Quality Assurance Procedures.\9\
---------------------------------------------------------------------------

    \9\ Part I, stipulation 16 of the Agreed Order.
---------------------------------------------------------------------------

    The kiln #5 stack exhaust flow rate is subject under the AO to 30 
TAC section 117.3142(a)(2), which requires monitoring with a flow meter 
subject to 40 CFR part 60 Appendix B, Performance Specification 6 or 40 
CFR part 75 Appendix A.\10\
---------------------------------------------------------------------------

    \10\ Id.
---------------------------------------------------------------------------

    Pursuant to the AO, the TXI must monitor and record clinker 
production rates, in tons per hour, tons per day, daily summed on a 30-
day rolling basis, and monthly summed on a 12-month rolling basis. 
Hourly and daily clinker production rates may be based on the previous 
month's feed-to-clinker ratio multiplied by the measured hourly/daily 
kiln feed rate, as specified in 40 CFR 60 subpart F section 60.63(b). 
Records in units of lb NOX/ton of clinker produced are 
maintained on a 30-day rolling average basis.\11\
---------------------------------------------------------------------------

    \11\ Id.
---------------------------------------------------------------------------

    The AO also requires that the NOX emission limit is 1.95 
lb NOX/ton of clinker for kiln #5, on a 30-day rolling 
average basis. Furthermore, this limit of 1.95 lb NOX per 
ton of clinker cannot be revised to be less stringent without an 
approved revised RACT determination in accordance with the State and 
Federal requirements for SIP revisions.\12\
---------------------------------------------------------------------------

    \12\ Part I, Item #19 of Agreed Order.
---------------------------------------------------------------------------

    The AO states that the Company shall make records available upon 
request by the TCEQ or any other air pollution control agency with 
jurisdiction over the Company.\13\
---------------------------------------------------------------------------

    \13\ Part II, Item #3 of Agreed Order.
---------------------------------------------------------------------------

    In addition, Special Conditions outlined in Part II, Item #2, 
subparagraphs 1, 2, and 3 of the AO shall be incorporated in Company's 
NSR permit 1360A (PSDTX632M1) as they concern the NOX RACT 
limit, averaging periods, and NOX CEMS provisions for kiln 
#5, respectively. These provisions will provide for consistency between 
the TCEQ air permit and the federally enforceable NOX RACT 
SIP requirements for kiln #5.
    The AO has gone through public notice and comment at the State 
level, and it adopts specific enforceable measures in conformance with 
section 110(k)(4) of the Act.
    We find that the submitted AO meets the conditions for full 
approval and includes all the required provisions to meet the 
NOX RACT requirements that EPA approved in the September 22, 
2017 final action.

III. Proposed Action

    We are proposing to find TCEQ's August 21, 2018 SIP submittal 
satisfies its obligation under the September 22, 2017 (82 FR 44320) 
conditional approval, and to convert the September 22, 2017 (82 FR 
44320) rulemaking to full approval. We are proposing to approve the 
August 21, 2018 SIP submittal, including approval of the AO as a 
source-specific NOX RACT revision to the SIP.

IV. Incorporation by Reference

    In this action, we are proposing to include in a final rule 
regulatory text that includes incorporation by reference. In accordance 
with the requirements of 1 CFR 51.5, we are proposing to incorporate by 
reference revisions to Texas' regulations, as described in the Proposed 
Action section above. The EPA has made, and will continue to make, 
these documents generally available electronically through 
www.regulations.gov and in hard copy at the EPA Region 6 office.

V. Statutory and Executive Order Reviews

    Under the 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 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) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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

[[Page 56773]]

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 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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the proposed rule does not have tribal implications and will 
not impose substantial direct costs on tribal governments or preempt 
tribal law as specified by Executive Order 13175 (65 FR 67249, November 
9, 2000).

List of Subjects in 40 CFR Part 52

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

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

    Dated: November 5, 2018.
Anne Idsal,
Regional Administrator, Region 6.
[FR Doc. 2018-24658 Filed 11-13-18; 8:45 am]
BILLING CODE 6560-50-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.