[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]
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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.
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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 http://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 http://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\
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\1\ September 17, 1979 (44 FR 53761).
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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.
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\2\ CAA sections 182(b), 182(c), and 182(d).
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The terms ``TXI Operations, LP'', ``TXI'', ``Martin Marietta'', and
``MM'' are used interchangeably in this action.\3\
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\3\ Index of written testimony, Reference number W-1, August 21,
2018 SIP submission.
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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\
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\4\ See http://www.epa.gov/airquality/ozonepollution/SIPToolkit/ctgs.html.
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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.
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\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.
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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.
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\7\ TCEQ Docket No. 2017-1648-SIP, Agreed Order.
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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\
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\8\ Technical Support Document (TSD) ID No. EPA-R06-OAR-2015-
0496-0036 at www.regulations.gov.
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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\
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\9\ Part I, stipulation 16 of the Agreed Order.
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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\
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\10\ Id.
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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\
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\11\ Id.
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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\
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\12\ Part I, Item #19 of Agreed Order.
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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\
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\13\ Part II, Item #3 of Agreed Order.
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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]
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