Air Plan Approval; Texas; Reasonably Available Control Technology, 5601-5603 [2019-03096]
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<![CDATA[
5601
Federal Register / Vol. 84, No. 36 / Friday, February 22, 2019 / Rules and Regulations
shall not postpone the effectiveness of
such rule or action. This action
pertaining to Pennsylvania’s NNSR
program and the 2008 8-hour ozone
NAAQS may not be challenged later in
proceedings to enforce its requirements.
(See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Subpart NN—Pennsylvania
Dated: February 12, 2019.
Cecil Rodrigues,
Acting Regional Administrator, Region III.
■
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
2. In § 52.2020, the table in paragraph
(e)(1) is amended by adding an entry for
‘‘2008 8-Hour Ozone National Ambient
Air Quality Standard Nonattainment
New Source Review Requirements’’ at
the end of the table. The added text
reads as follows:
§ 52.2020
*
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Identification of plan.
*
*
(e) * * *
(1) * * *
*
*
EPA-APPROVED NONREGULATORY AND QUASI-REGULATORY MATERIAL
Name of
non-regulatory
SIP revision
*
2008 8-Hour Ozone
NAAQS Nonattainment
New Source Review
Requirements.
*
*
*
*
*
*
*
Allentown-Bethlehem-Easton, PA area (includes
Carbon, Lehigh, and Northampton Counties),
Lancaster, PA area (includes Lancaster County), Pittsburgh-Beaver Valley, PA area (includes Allegheny, Beaver, Butler, Fayette,
Washington, and Westmoreland Counties),
Reading, PA area (includes Berks County),
and Pennsylvania’s portion of the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE
area (includes Bucks, Chester, Delaware,
Montgomery, and Philadelphia Counties).
*
[FR Doc. 2019–03109 Filed 2–21–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2018–0675; FRL–9989–61–
Region 6]
Air Plan Approval; Texas; Reasonably
Available Control Technology
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is converting 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. We are approving an
August 21, 2018 SIP submittal which
satisfies Texas’ commitment which was
the basis for our conditional approval.
SUMMARY:
VerDate Sep<11>2014
State
submittal
date
Applicable geographic area
15:50 Feb 21, 2019
Jkt 247001
10/30/17
EPA
approval
date
*
*
2/22/2019, [Insert Federal Register citation].
We are taking this action in accordance
with the Clean Air Act (CAA, the Act).
DATES: The final rule is effective on
March 25, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2018–0675. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through
www.regulations.gov or in hard copy at
the Air Planning Section (6MM–AA),
Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas
75202–2733. The file will be made
available by appointment for public
inspection in the Region 6 FOIA Review
Room between the hours of 8:30 a.m.
and 4:30 p.m. weekdays except for legal
holidays.
FOR FURTHER INFORMATION CONTACT: Mr.
Alan Shar (6MM–AA), telephone (214)
665–2164, email shar.alan@epa.gov.
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
Additional
explanation
*
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
I. Background
II. Final Actions
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background
The background for this action is
discussed in detail in the November 14,
2018 (83 FR 56770) Proposal.1 The
November 14, 2018 (83 FR 56770) action
proposed approval of TCEQ’s August
21, 2018 submittal as a revision to Texas
SIP addressing NOX RACT for the TXI
cement manufacturing plant in Ellis
County as a part of its Dallas Fort Worth
(DFW) 2008 8-Hour Ozone National
Ambient Air Quality Standards
(NAAQS) SIP update. The August 21,
2018 SIP submittal contained both an
Agreed Order (AO) concerning TXI and
a SIP narrative update for DFW NOX
RACT. The Technical Support
Document (TSD) 2 also provided a
detailed description and rationale for
the proposed action.
1 See the Proposal, document ID No. EPA–R06–
OAR–2018–0675–0001 at Regulations.gov.
2 See the TSD, document ID No. EPA–R06–OAR–
2018–0675–0002 at Regulations.gov.
E:\FR\FM\22FER1.SGM
22FER1
5602
Federal Register / Vol. 84, No. 36 / Friday, February 22, 2019 / Rules and Regulations
The public comment period closed on
December 14, 2018, and we received no
adverse comments. We received two
comments, including one from TCEQ,
that were supportive of our action. We
received one additional comment that
was also generally supportive of our
proposed action ‘‘if chemical knowledge
for community safety is taken into
consideration.’’ The commenter’s
discussion of chemical hazards,
however, is outside the scope of our
November 14, 2018 (83 FR 56770)
Proposal taken under the CAA. We
acknowledge that the Emergency
Planning and Community Right-toKnow Act (EPCRA) of 1986 was created
to help communities plan for chemical
emergencies and requires industry to
report on the storage, use and releases
of hazardous substances to federal, state,
and local governments. EPCRA requires
state and local governments, and Indian
tribes to use this information to prepare
their community from potential risks.
II. Final Actions
We find that TCEQ’s August 21, 2018
SIP submittal satisfies its obligation
under the September 22, 2017 (82 FR
44320) conditional approval and are
converting the September 22, 2017 (82
FR 44320) final rule to full approval. We
are also approving the August 21, 2018
SIP submittal, including the AO as a
source-specific NOX RACT revision to
the SIP. Our approval will incorporate
these changes into the SIP for Texas.
III. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the
revisions to the Texas source specific
requirements as described in the Final
Actions section above. The EPA has
made, and will continue to make, these
materials generally available through
www.regulations.gov and at the EPA
Region 6 Office (please contact Mr. Alan
Shar, (214) 665–2164, shar.alan@
epa.gov for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.
VerDate Sep<11>2014
15:50 Feb 21, 2019
Jkt 247001
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.
If a portion of the plan revision meets
all the applicable requirements of this
chapter and Federal regulations, the
Administrator may approve the plan
revision in part. 42 U.S.C. 7410(k); 40
CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices that meet the criteria of the
Act, and to disapprove state choices that
do not meet the criteria of the Act.
Accordingly, this final action approves
state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this final action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA;
• 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); and
• Does not have tribal implications as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000), because
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
the SIP is not approved to apply in
Indian country located in the state, and
EPA notes that it will not impose
substantial direct costs on tribal
governments or preempt tribal law.
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by April 23, 2019. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposed of judicial review nor does it
extend the time within which a petition
for judicial review may be filed and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Hydrocarbons,
Incorporation by reference,
Intergovernmental relations, Nitrogen
oxides, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: February 14, 2019.
Anne Idsal,
Regional Administrator, Region 6.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart SS—Texas
2. In § 52.2270:
a. In paragraph (d), the table titled
‘‘EPA-Approved Texas Source-Specific
Requirements’’ is amended by adding an
entry for ‘‘TXI Operations LP (Texas
Industries, Inc., TXI), Kiln #5, Ellis
County, Texas’’ at the end of the table.
■ b. In paragraph (e), the second table
titled ‘‘EPA Approved Nonregulatory
Provisions and Quasi-Regulatory
Measures in the Texas SIP’’ is amended
by:
■ i. Removing the entry ‘‘Conditional
approval of NOX RACT finding for the
Martin Marietta (formerly Texas
Industries, Inc., or TXI) cement
manufacturing plant under the 2008
8-Hour ozone NAAQS’’ and
■ ii. Adding an entry titled ‘‘NOX RACT
finding under the 2008 8-Hour ozone
NAAQS’’ at the end of the table.
■
■
E:\FR\FM\22FER1.SGM
22FER1
Federal Register / Vol. 84, No. 36 / Friday, February 22, 2019 / Rules and Regulations
§ 52.2270
The additions read as follows:
*
*
Identification of plan.
*
*
5603
(d) * * *
*
EPA-APPROVED TEXAS SOURCE-SPECIFIC REQUIREMENTS
Name of source
Permit or order No.
*
*
*
TXI Operations LP (Texas InAgreed Order No. 2017–
dustries, Inc., TXI), Kiln #5,
1648–SIP.
Ellis County, Texas.
State
effective
date
*
08/21/18
EPA approval date
Comments
*
*
*
02/22/19 [Insert Federal Reg- DFW 2008 8-Hour ozone
ister citation].
standard.
(e) * * *
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
Name of SIP provision
Applicable geographic or nonattainment area
*
*
*
NOX RACT finding under the
Collin, Dallas, Denton,
2008 8-Hour ozone NAAQS.
Tarrant, Ellis, Johnson,
Kaufman, Parker, Rockwall,
and Wise Counties, TX.
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R04–RCRA–2018–0255; FRL–9989–
93–Region 4]
Georgia: Final Authorization of State
Hazardous Waste Management
Program Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
The Environmental Protection
Agency (EPA) is granting Georgia final
authorization for changes to its
hazardous waste program under the
Resource Conservation and Recovery
Act (RCRA). The Agency published a
notice of proposed rulemaking on
August 13, 2018, and provided for
public comment. No comments were
received on Georgia’s proposed
revisions. No further opportunity for
comment will be provided.
DATES: This final authorization is
effective February 22, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R04–2018–0255. All
documents in the docket are listed on
the https://www.regulations.gov
19:03 Feb 21, 2019
Jkt 247001
Comments
*
*
*
02/22/19 [Insert Federal Reg- DFW as Moderate and Seriister citation].
ous, also converts conditional approval 09/22/17, 82
FR 44322 to full approval.
Federal program, and therefore satisfy
all of the requirements necessary to
qualify for final authorization. For a list
of State rules being authorized with this
Final Rule, please see the Proposed
Rulemaking published in the Federal
Register 83 FR 39975, August 13, 2018.
A. What changes to Georgia’s
hazardous waste program is EPA
authorizing with this action?
B. What is codification and is EPA
codifying Georgia’s hazardous waste
program as authorized in this rule?
Codification is the process of placing
citations and references to the State’s
statutes and regulations that comprise
the State’s authorized hazardous waste
program into the Code of Federal
Regulations (CFR). EPA does this by
adding those citations and references to
the authorized State rules in 40 CFR
part 272. EPA is not codifying the
authorization of Georgia’s revisions at
this time. However, EPA reserves the
ability to amend 40 CFR part 272,
subpart L, for the authorization of
Georgia’s program changes at a later
date.
On September 22, 2015, September
12, 2016, and November 7, 2017,
Georgia submitted final complete
program revision applications seeking
authorization of changes to its
hazardous waste program in accordance
with 40 CFR 271.21. EPA now makes a
final decision that Georgia’s hazardous
waste program revisions that are being
authorized are equivalent to, consistent
with, and no less stringent than the
C. Statutory and Executive Order
Reviews
This final authorization revises
Georgia’s authorized hazardous waste
management program pursuant to
Section 3006 of RCRA and imposes no
requirements other than those currently
imposed by State law. For further
information on how this authorization
complies with applicable executive
orders and statutory provisions, please
FOR FURTHER INFORMATION CONTACT:
AGENCY:
VerDate Sep<11>2014
*
8/21/2018
EPA approval date
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available electronically through https://
www.regulations.gov.
[FR Doc. 2019–03096 Filed 2–21–19; 8:45 am]
SUMMARY:
State
submittal/
effective
date
Thornell Cheeks, Materials and Waste
Management Branch, RCR Division, U.S.
Environmental Protection Agency,
Atlanta Federal Center, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960;
telephone number: (404) 562–8479; fax
number: (404) 562–9964; email address:
cheeks.thornell@epa.gov.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
E:\FR\FM\22FER1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 36 (Friday, February 22, 2019)]
[Rules and Regulations]
[Pages 5601-5603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03096]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2018-0675; FRL-9989-61-Region 6]
Air Plan Approval; Texas; Reasonably Available Control Technology
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is converting 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. We are approving an August 21,
2018 SIP submittal which satisfies Texas' commitment which was the
basis for our conditional approval. We are taking this action in
accordance with the Clean Air Act (CAA, the Act).
DATES: The final rule is effective on March 25, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2018-0675. All documents in the docket are
listed on the www.regulations.gov website. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Planning Section (6MM-AA), Environmental Protection
Agency, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733. The file
will be made available by appointment for public inspection in the
Region 6 FOIA Review Room between the hours of 8:30 a.m. and 4:30 p.m.
weekdays except for legal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Alan Shar (6MM-AA), telephone
(214) 665-2164, email shar.alan@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refer to the EPA.
I. Background
II. Final Actions
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background
The background for this action is discussed in detail in the
November 14, 2018 (83 FR 56770) Proposal.\1\ The November 14, 2018 (83
FR 56770) action proposed approval of TCEQ's August 21, 2018 submittal
as a revision to Texas SIP addressing NOX RACT for the TXI
cement manufacturing plant in Ellis County as a part of its Dallas Fort
Worth (DFW) 2008 8-Hour Ozone National Ambient Air Quality Standards
(NAAQS) SIP update. The August 21, 2018 SIP submittal contained both an
Agreed Order (AO) concerning TXI and a SIP narrative update for DFW
NOX RACT. The Technical Support Document (TSD) \2\ also
provided a detailed description and rationale for the proposed action.
---------------------------------------------------------------------------
\1\ See the Proposal, document ID No. EPA-R06-OAR-2018-0675-0001
at Regulations.gov.
\2\ See the TSD, document ID No. EPA-R06-OAR-2018-0675-0002 at
Regulations.gov.
---------------------------------------------------------------------------
[[Page 5602]]
The public comment period closed on December 14, 2018, and we
received no adverse comments. We received two comments, including one
from TCEQ, that were supportive of our action. We received one
additional comment that was also generally supportive of our proposed
action ``if chemical knowledge for community safety is taken into
consideration.'' The commenter's discussion of chemical hazards,
however, is outside the scope of our November 14, 2018 (83 FR 56770)
Proposal taken under the CAA. We acknowledge that the Emergency
Planning and Community Right-to-Know Act (EPCRA) of 1986 was created to
help communities plan for chemical emergencies and requires industry to
report on the storage, use and releases of hazardous substances to
federal, state, and local governments. EPCRA requires state and local
governments, and Indian tribes to use this information to prepare their
community from potential risks.
II. Final Actions
We find that TCEQ's August 21, 2018 SIP submittal satisfies its
obligation under the September 22, 2017 (82 FR 44320) conditional
approval and are converting the September 22, 2017 (82 FR 44320) final
rule to full approval. We are also approving the August 21, 2018 SIP
submittal, including the AO as a source-specific NOX RACT
revision to the SIP. Our approval will incorporate these changes into
the SIP for Texas.
III. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
revisions to the Texas source specific requirements as described in the
Final Actions section above. The EPA has made, and will continue to
make, these materials generally available through www.regulations.gov
and at the EPA Region 6 Office (please contact Mr. Alan Shar, (214)
665-2164, shar.alan@epa.gov for more information). Therefore, these
materials have been approved by EPA for inclusion in the SIP, have been
incorporated by reference by EPA into that plan, are fully federally
enforceable under sections 110 and 113 of the CAA as of the effective
date of the final rulemaking of EPA's approval, and will be
incorporated by reference in the next update to the SIP compilation.
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. If a portion of the plan revision meets all the
applicable requirements of this chapter and Federal regulations, the
Administrator may approve the plan revision in part. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices that meet the criteria of the Act, and to
disapprove state choices that do not meet the criteria of the Act.
Accordingly, this final action approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this final action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA;
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); and
Does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP
is not approved to apply in Indian country located in the state, and
EPA notes that it will not impose substantial direct costs on tribal
governments or preempt tribal law.
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 23, 2019. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposed of judicial review nor
does it extend the time within which a petition for judicial review may
be filed and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Nitrogen
oxides, Reporting and recordkeeping requirements, Volatile organic
compounds.
Dated: February 14, 2019.
Anne Idsal,
Regional Administrator, Region 6.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart SS--Texas
0
2. In Sec. 52.2270:
0
a. In paragraph (d), the table titled ``EPA-Approved Texas Source-
Specific Requirements'' is amended by adding an entry for ``TXI
Operations LP (Texas Industries, Inc., TXI), Kiln #5, Ellis County,
Texas'' at the end of the table.
0
b. In paragraph (e), the second table titled ``EPA Approved
Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas
SIP'' is amended by:
0
i. Removing the entry ``Conditional approval of NOX RACT
finding for the Martin Marietta (formerly Texas Industries, Inc., or
TXI) cement manufacturing plant under the 2008 8-Hour ozone NAAQS'' and
0
ii. Adding an entry titled ``NOX RACT finding under the 2008
8-Hour ozone NAAQS'' at the end of the table.
[[Page 5603]]
The additions read as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(d) * * *
EPA-Approved Texas Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
State
Name of source Permit or order No. effective date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
TXI Operations LP (Texas Agreed Order No. 08/21/18 02/22/19 [Insert DFW 2008 8-Hour
Industries, Inc., TXI), Kiln #5, 2017-1648-SIP. Federal Register ozone standard.
Ellis County, Texas. citation].
----------------------------------------------------------------------------------------------------------------
(e) * * *
EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of SIP provision geographic or non- submittal/ EPA approval date Comments
attainment area effective date
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* * * * * * *
NOX RACT finding under the 2008 8- Collin, Dallas, 8/21/2018 02/22/19 [Insert DFW as Moderate and
Hour ozone NAAQS. Denton, Tarrant, Federal Register Serious, also
Ellis, Johnson, citation]. converts
Kaufman, Parker, conditional
Rockwall, and Wise approval 09/22/17,
Counties, TX. 82 FR 44322 to
full approval.
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[FR Doc. 2019-03096 Filed 2-21-19; 8:45 am]
BILLING CODE 6560-50-P
