[Federal Register Volume 76, Number 98 (Friday, May 20, 2011)]
[Proposed Rules]
[Pages 29180-29182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12509]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2011-0287; FRL-9309-2]
Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Control of Nitrogen Oxides Emissions From Portland Cement
Kilns
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the Commonwealth of Pennsylvania. This revision
pertains to the control of nitrogen oxide (NOX) emissions
from Portland cement kilns. This action is being taken under the Clean
Air Act (CAA).
DATES: Written comments must be received on or before June 20, 2011.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2011-0287 by one of the following methods:
A. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: [email protected].
C. Mail: EPA-R03-OAR-2011-0287, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2011-0287. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact
[[Page 29181]]
you for clarification, EPA may not be able to consider your comment.
Electronic files should avoid the use of special characters, any form
of encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 either electronically in http://www.regulations.gov or in hard copy during normal business hours at the
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the
State submittal are available at the Pennsylvania Department of
Environmental Protection, Bureau of Air Quality Control, P.O. Box 8468,
400 Market Street, Harrisburg, Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by e-
mail at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. On July 23, 2010, the
Pennsylvania Department of Environmental Protection (PADEP) submitted a
revision to its State Implementation Plan for the control of
NOX from Portland cement kilns.
I. Background
The SIP revision consists of a regulation to control NOX
emissions from Portland cement kilns. Portland cement manufacturing is
an energy intensive process in which cement is made by grinding and
heating a mixture of raw materials such as limestone, clay, sand, and
iron ore in a rotary kiln. NOX emissions are generated
during fuel combustion by oxidation of chemically-bound nitrogen in the
fuel and by thermal fixation of nitrogen in the combustion air. This
SIP revision is based on the Ozone Transport Commission (OTC) control
measure to reduce NOX emissions from cement kilns. The OTC
members include Pennsylvania, Connecticut, Delaware, Maine, Maryland,
Massachusetts, New Hampshire, New Jersey, New York, Rhode Island,
Vermont, Virginia, and the District of Columbia. The OTC was created
under section 184 of the CAA to establish regulatory programs to reduce
ozone precursor emissions, which includes the reduction of
NOX emissions from cement kilns.
II. Summary of SIP Revision
The SIP revision amends the NOX emission standards in
the Title 25 of the Pennsylvania Code (25 Pa. Code) Chapter 145,
Subchapter C (Emissions of NOX from Cement Manufacturing),
for Portland cement kilns during the ozone season, from May 1 through
September 30, 2011, and for each year thereafter. The SIP revision
added new definitions and terms, and revised the following: standard
requirements which include emission requirements; compliance
determination by operating and maintaining continuous emissions
monitoring systems (CEMS) for NOX emissions; compliance
demonstration on a kiln-by-kiln basis, a facility-wide emissions
averaging basis or a system-wide averaging basis; and reporting and
recordkeeping requirements by reporting CEMS emissions data and
maintaining an operating log for each Portland cement kiln on a monthly
basis that is maintained onsite for 5 years. A detailed summary of
EPA's review of and rationale for proposing to approve this SIP
revision may be found in the Technical Support Document (TSD) for this
action which is available on line at http://www.regulations.gov, Docket
number EPA-R03-OAR-2011-0287.
III. Proposed Action
EPA is proposing to approve the Pennsylvania SIP revision for the
control of NOX emissions from Portland cement kilns
submitted on July 23, 2010. This regulation will reduce emissions of
NOX from cement kilns to reduce levels of ozone. The
reduction of NOX emissions will also help protect the public
health from high levels of fine particulate matter (PM2.5),
of which NOX is a precursor component. The reduction of
NOX emissions also reduces visibility impairment and acid
deposition. EPA is soliciting public comments on the issues discussed
in this document. These comments will be considered before taking final
action.
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 CAA 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 CAA. 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 proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed rule, pertaining to Pennsylvania's
control of NOx emissions from Portland cement kilns, does
not have Tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), because the SIP is not approved to apply
in Indian country located in the state, and EPA notes that it will not
impose substantial direct costs on Tribal governments or preempt Tribal
law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Nitrogen dioxide,
Ozone, Particulate matter, Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
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Dated: May 9, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2011-12509 Filed 5-19-11; 8:45 am]
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