
[Federal Register: January 14, 2009 (Volume 74, Number 9)]
[Rules and Regulations]               
[Page 1927-1937]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ja09-11]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2007-1147; FRL-8758-8]

 
Approval and Promulgation of Implementation Plans; Texas; Control 
of Emissions of Nitrogen Oxides (NOX) From Cement Kilns

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is finalizing approval of revisions to the Texas State 
Implementation Plan (SIP). We are approving the rules in 30 TAC Chapter 
117 that the State submitted on May 30, 2007, concerning control of 
emissions of NOX from cement kilns operating in Bexar, 
Comal, Ellis, Hays, and McLennan Counties. We are approving the 
nonsubstantive renumbering of the rules for all five counties. We also 
are approving the substantive changes to the rules for Ellis County, 
based on a determination that the rules for Ellis County meet the 
NOX Reasonably Available Control Technology (RACT) 
requirements for cement kilns operating in the Dallas Fort Worth (D/FW) 
1997 8-hour ozone nonattainment area. We are taking this action under 
section 110 and part D of the Federal Clean Air Act (the Act, or CAA).

DATES: This rule will be effective on February 13, 2009.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2007-0523. All documents in the docket are 
listed on the www.regulations.gov Web site. 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 (6PD-L), 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. Contact the person listed in the 
FOR FURTHER INFORMATION CONTACT paragraph below to make an appointment. 
If possible, please make the appointment at least two working days in 
advance of your visit. There will be a 15 cent per page fee for making 
photocopies of documents. On the day of the visit, please check in at 
the EPA Region 6 reception area at 1445 Ross Avenue, Suite 700, Dallas, 
Texas.

FOR FURTHER INFORMATION CONTACT: Mr. Alan Shar, Air Planning Section 
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue, 
Suite 700, Dallas, Texas 75202-2733, telephone (214) 665-6691, fax 
(214) 665-7263, e-mail address shar.alan@epa.gov.

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

Table of Contents

I. Background
    A. What are we approving?
    B. Who submitted written comments to us?
    C. How are we responding to those written comments?
    D. What sections of the May 30, 2007 submittal will become part 
of Texas SIP?
    E. What sections of the May 30, 2007 submittal will not become a 
part of Texas SIP?
    F. What Texas Counties will this rulemaking affect?
    G. What are the NOX control emissions requirements 
that we approved for Texas under the 1-hour ozone SIP?
    H. What are the NOX control emissions requirements 
that we are approving for Texas under the 8-hour ozone SIP?
    I. What are the compliance schedules for NOX 
emissions from cement kilns that we are approving?
II. Final Action
III. Statutory and Executive Order Reviews

I. Background

A. What are we approving?

    The EPA approved 30 TAC, Chapter 117, NOX cement kilns 
rules at 69 FR 15681 published on March 26, 2004, as NOX 
control emissions requirements for Texas under the 1-hour ozone SIP. On 
May 30, 2007, TCEQ submitted rule revisions to 30 TAC, Chapter 117, 
``Control of Air Pollution from Nitrogen Compounds,'' as a revision to 
the Texas SIP. On July 11, 2008 (73 FR 39911), we proposed approval of 
the May 30, 2007

[[Page 1928]]

submittal. Today, we are finalizing our July 11, 2008, proposed 
approval.
    In this rulemaking, we are approving the nonsubstantive renumbering 
of the rules for cement kilns operating in Bexar, Comal, Ellis, Hays, 
and McLennan Counties. We are approving the substantive changes to the 
rules for cement kilns operating in Ellis County as meeting the Act's 
RACT requirements for NOX emissions for the cement kiln 
source category in the D/FW 1997 8-hour ozone nonattainment area.
    The State's adopted source cap calculation for the cement plants in 
Ellis County includes all kilns in operation at the three impacted 
accounts, i.e., Ash Grove, Texas, L.P. (AG); TXI Operations, L.P. 
(TXI); and Holcim, L.P. (Holcim). No operating kiln in Ellis County is 
exempt from the source cap. The State chose 1.7 lb NOX/ton 
of clinker for dry preheater-precalciner or precalciner kilns and 3.4 
lb NOX/ton of clinker for wet kilns, as the emission factors 
for calculating the source cap for the RACT rule. The NOX 
source cap for cement manufacturing plants in Ellis County, Texas is 
calculated by (a) multiplying the average annual production rate in 
tons plus one standard deviation for the calendar years 2003, 2004, and 
2005 from all wet kilns by 3.4 pound NOX/ton, (b) 
multiplying the average annual production rate in tons plus one 
standard deviation for the calendar years 2003, 2004, and 2005 from all 
dry kilns by 1.7 pound NOX/ton, and (c) adding the computed 
products in ``a'' and ``b'' together and dividing the sum by ((2000 
(pounds/ton) x (365 (days/year)). Thus, producing a total allowable 
NOX limit, in tons per day, on a 30-day rolling average 
basis as a cap not to be exceeded. The source cap only applies during 
the D/FW ozone season (March 1-October 31). See 117.3123(b).
    The rule provides multiple layers of flexibility by: (i) Providing 
for one NOX limit during the ozone season (March 1 through 
October 31), and another NOX limit during the non-ozone 
season (November 1 through end-of February) within the D/FW area; (ii) 
incorporating actual production rates that were provided by the 
affected companies to the State, then adding one standard deviation to 
the production rates as a part of rule development, for source cap 
allowance determination to account for production variability; (iii) 
not mandating a specific post combustion control technology; (iv) 
allowing the source to decide its method of compliance with the source 
cap; (v) determining compliance with the source cap on a 30-day rolling 
average basis; and (vi) including all types of existing kilns. 
Therefore, multiple layers of flexibility have been built into the rule 
for compliance purposes.
    As stated in our proposal, EPA has defined RACT as the lowest 
emission limitation that a particular source can meet by applying a 
control technique that is reasonably available considering 
technological and economic feasibility. See 44 FR 53761, September 17, 
1979. Ozone nonattainment areas classified as moderate or above must 
meet RACT requirements as provided in sections 182(b)(2) and 182(f) of 
the Act. These two sections, taken together, establish the requirements 
for Texas to submit a NOX RACT regulation for cement kilns 
(a major source of NOX ) in ozone nonattainment areas 
classified as moderate (such as D/FW) and above. Section 183(c) of the 
Act provides that we will issue technical documents, which identify 
alternative controls for stationary sources of NOX. The EPA 
publishes the NOX related Alternative Control Techniques 
(ACTs) documents for this purpose. The information in the ACT documents 
is generated from literature sources and contacts, control equipment 
vendors, EPA papers, engineering firms, and Federal, State, and local 
regulatory agencies. States can use information in the EPA ACTs to 
develop their RACT regulations. For a listing of EPA's ACT-related 
documents, including the ACT document for Cement Manufacturing, see 
http://www.epa.gov/ttn/naaqs/ozone/ctg_act/index.htm (URL dated April 
22, 2008).
    The public comment period for our 73 FR 39911 proposal expired on 
August 11, 2008. We received written comments during the public comment 
period and we respond to those comments below.

B. Who submitted written comments to us?

    We received written comments on our July 11, 2008 (73 FR 39911) 
proposal from AG, TXI, and Holcim during the public comment period. 
Holcim's comments were submitted on this proposed action and on the 
proposed action to conditionally approve the D/FW area's 1997 8-hour 
ozone attainment demonstration SIP.

C. How are we responding to those written comments?

    Our responses to those written comments received are as follows:
    Comment #1: AG indicated that the applicable source cap in the rule 
for Ellis County is achievable, AG intends to comply with the source 
cap limit, and supports its approval by EPA.
    Response to Comment #1: We appreciate the AG's statement that it 
intends to comply with the source cap limit in the rule.
    Comment #2: AG, TXI, and Holcim claim that the rule for Ellis 
County exceeds RACT and has negligible value to air quality planning. 
The State's photochemical modeling demonstrates that NOX 
reductions from the cement plants would not have a measurable impact on 
the critical ozone monitors in the D/FW area. Thus, the stringent 
emission limitation is not a necessary component of the Texas SIP. TCEQ 
has not performed any analysis indicating that a high level of 
reduction of NOX emissions from the Ellis County cement 
kilns would result in the D/FW area coming into compliance with the 
1997 8-hour ozone standard.
    Response to Comment #2: As discussed previously, RACT is a 
requirement of section 182 of the Act, and, regardless of whether the 
controls are necessary for attainment of the 1997 8-hour ozone NAAQS in 
the D/FW ozone nonattainment area, the SIP must include rules that meet 
the VOC and NOX RACT requirements of the Act. In Appendix J 
of the D/FW attainment demonstration SIP submission, entitled ``RACT 
Analysis,'' Texas identifies (1) all Control Techniques Guidelines 
(CTG) source categories of VOC and NOX emissions within the 
D/FW area; (2) all non-CTG major sources of VOC and NOX 
emissions; (3) the state regulation that implements or exceeds RACT for 
each applicable CTG source category or non-CTG major emission source; 
and describes the basis for concluding that these regulations fulfill 
RACT. TCEQ in Appendix J, pages J-3 to J-5 and Table J-1, specifically 
says that State rules that were consistent with or more stringent than 
the current control technologies and methodologies implemented in other 
moderate nonattainment areas were also determined to fulfill RACT 
requirements for the D/FW area. Texas views the cement kiln rules to be 
RACT for the D/FW area. It is not appropriate for EPA to question a 
State's choice of RACT control, as long as the statutory requirements 
of the Act are met. Florida Power & Light Co. v. EPA, 650 F.2d 570 (5th 
Cir. 1981). Moreover, States may adopt regulations that are more 
stringent than those required under the Act. See section 116 of the 
Act. To meet the statutory requirements, states are to look at 
available controls to conclude whether they are reasonably available 
for a specific source or source category. Furthermore, a State is to 
evaluate RACT for a source or source category by examining existing EPA 
guidance documents as well as other available information, e.g., EPA's 
BACT/RACT/

[[Page 1929]]

LAER Clearinghouse, ACTs. RACT can change over time as new technology 
becomes available or the cost of existing technology adjusts. Today's 
RACT determination for a source category can be more stringent than a 
previous determination and thus controls previously considered ``beyond 
RACT'' could be considered RACT for sources now.
    We disagree that the rules for cement kilns in the D/FW area will 
have a negligible value to the area's air quality planning. The rules 
should result in 9.7 tons per day (TPD) of reduction in NOX 
emissions for the D/FW area, which is a significant improvement. See 
section 9 at 73 FR 39914 of our proposal. The EPA has reviewed the 
impact of emission reductions at the cement kilns in the D/FW area and 
determined that such reductions are beneficial to reducing ozone levels 
in the D/FW nonattainment area especially in much of Tarrant and Parker 
Counties.
    Today's action only concerns approving the nonsubstantive 
renumbering of the NOX cement kiln rules into the Texas SIP, 
and approving the substantive changes to the NOX cement kiln 
rules for Ellis County as meeting the Act's NOX RACT 
requirement. Therefore, any comments on the State's choices of control 
strategies in the D/FW area's attainment demonstration SIP are not 
relevant. In a separate proposed action published on July 14, 2008 at 
73 FR 40203, EPA has taken comment on whether the cement kilns rule, in 
combination with the other State and Federal Measures, will result in 
attainment of the 1997 8-hour ozone NAAQS, and we will respond to 
Holcim's comments on these issues in a final action on that proposal. 
Additionally, we note that EPA is required to approve a SIP revision if 
it meets the Act's requirements, and cannot second guess the State's 
choices if the plan meets the minimum requirements of the Act. The Act 
assigns to the states initial and primary responsibility for 
formulating a plan to achieve the NAAQS. It is up to the State to 
prepare SIPs, which contain specific pollution control measures. The 
EPA is charged with evaluating the SIP revision submittal, and if it 
meets the minimum statutory criteria, the EPA must approve it. Train v. 
NRDC, 421 U.S. 60 (1975). It is not EPA's role to rule out the State's 
choice of components of its SIP submittal so long as the plan is 
adequate to meet the standards mandated by EPA. See Train v. NRDC at 
79-80, and see Union Electric v. EPA, 427 U.S. 246 (1976). The EPA 
disapproves a SIP submittal only if it fails to meet the minimum 
statutory requirements. Seabrook v. Costle, 659 F.2d 1349 (5th Cir. 
1981). A state may impose stricter limitations than the Act requires. 
See section 116 of the Act; Union Electric at 265.
    Comment #3: TXI states that Table 5, section 9 of EPA's proposal 
fails to mention the alternative NOX control options allowed 
under the Texas 1-hour ozone NOX SIP will be available to 
Ellis County cement kilns during the non-ozone season.
    Response to Comment #3: While Table 5, section 9 of EPA's proposal 
is factually correct, it does not specifically mention the alternative 
NOX control option. TCEQ removed these options for cement 
kilns in Ellis County during the D/FW area's ozone season; EPA 
recognizes these compliance options are available during the non-ozone 
season (November 1st through the end of February). For the other four 
counties, which are not a part of the D/FW 8-hour ozone nonattainment 
area, cement kilns' NOX alternative control options continue 
to remain in effect year round. See section 117.3110.
    Comment #4: TXI and Holcim commented that improvement in the D/FW 
ozone situation should come from mobile sources, not the cement kilns.
    Response to Comment #4: This comment is not relevant to today's 
action because this action solely reviews the Ellis County cement kiln 
rules for purposes of the NOX RACT requirement of the Act. 
Holcim provided the same comment, however, on our proposed action to 
conditionally approve the D/FW 1997 8-hour ozone attainment 
demonstration SIP. We will address this comment in the final rulemaking 
action on that SIP. See the response to comment 2 of this 
document for more detail.
    Comment #5: TXI and Holcim expressed support for TCEQ not adopting 
the ``high control'' option for the Ellis County kilns, due to 
technical issues associated with the Selective Catalytic Reduction 
(SCR), and Low Temperature Oxidation (LoTOx) technologies. They further 
claim that neither SCR nor LoTOx technology constitutes RACT for the 
control of NOX from the Midlothian Cement kilns.
    Response to Comment #5: We agree that the current State-adopted 
level of NOX control for cement kilns in the D/FW area meets 
the RACT requirement for these sources at this time. We note, however, 
that air pollution control technology continues to advance and the 
State may need to consider additional NOX controls at cement 
plants as it develops the SIP required for the 2008-revised ozone 
standard.
    Comment #6: TXI commented that the NOX emission factors 
used in the source cap equation are possibly the lowest specifications 
adopted by a state agency in the United States because the selected 
emission specification for the preheater/precalciner kilns of 1.7 lb 
NOX/ton of clinker represents a significant reduction from 
NOX specification of 1.95 lb NOX/ton of clinker 
that has been selected as BACT in recent permitting actions for new PH/
PC kilns. Adoption of these very low NOX emission 
specifications in the source cap equation is extremely aggressive.
    Response to Comment #6: We agree that these levels are more 
aggressive than levels previously included in certain permits issued by 
the State. We have concluded that, at a minimum, these levels are 
consistent with RACT. While the commenter implies (but does not 
directly allege) that the levels are beyond RACT, the Act does not 
preclude the State from adopting controls that are more stringent than 
the minimum level required.
    We note that this is not the first time TCEQ has adopted a rule in 
Chapter 117 to meet RACT that is more stringent than past permits' BACT 
decisions. We recognize that compliance with the levels in the Texas 
rules will require significant effort from the cement plant owners and 
operators.
    Comment #7: TXI and Holcim state that adoption of the source cap 
equation is inequitable and does not allow them to have a significant 
production increase. Holcim claims that over 60% of the total 
NOX reductions anticipated from the source cap requirement 
will be from Holcim's two kilns, despite the fact that there are eight 
other cement kilns operating in Ellis County. Holcim comments that TCEQ 
has unfairly targeted Holcim as a source of emission reductions in 
Ellis County. TXI finds the rule to be retroactive because the source 
cap is based upon the average production for 2003, 2004, and 2005. This 
figure allegedly does not include the increase in production allowed by 
a permit issued in late 2005. To meet the source cap, TXI may have to 
shutdown its wet kilns while operating its dry kiln.
    Response to Comment #7: The primary role of the statutory RACT 
requirement is to impose controls upon existing facilities and 
equipment. RACT has been a requirement of the Act since 1977. Congress 
through the 1977 Clean Air Act Amendments imposed stricter minimum 
requirements by placing RACT limitations on nonattainment areas. CAA 
Section 172(b)(3), 42 U.S.C. 7502(b)(3) (1977). The use of the term

[[Page 1930]]

``retroactive'' by TXI is misleading in that the RACT controls will 
apply to TXI's existing sources, but TXI is provided sufficient time to 
install the controls by a date well after TCEQ has promulgated the RACT 
regulations.
    As discussed previously in response to comment 2 of this 
document, EPA cannot reject the State regulations because they may 
apply in an inequitable manner. While TXI alleges it may have to shut 
down some of its units to operate others, the Act does not preclude the 
State from adopting controls that are more stringent than the minimum 
level required. The Act gives the States exclusive control in selecting 
which sources to regulate and to what degree, and EPA does not have 
authority to second guess the State's choices so long as the programs 
adopted meet the minimum statutory requirements. See Union Electric v. 
EPA, 427 U.S. 246 (1976).
    Comment #8: Holcim commented that the ERG cement kiln study cannot 
be relied upon by TCEQ to establish the NOX controls imposed 
on the Ellis County cement kilns in the source cap rule. Holcim 
contends that the ERG cement kiln study is internally inconsistent, 
inaccurate in its assessment of available NOX control 
technologies for the Ellis County cement kilns, incomplete in that it 
did not fully analyze the impacts of kiln feedstocks on the viability 
of add-on NOX control technologies or address other tasks 
included in the Scope of Work, and is unreliable as a basis for 
NOX controls for the Ellis County kilns. It inaccurately 
estimates the level of reductions achievable using SNCR on some of the 
Ellis County kilns. Holcim commented that the ERG Final Report fails to 
include retrofitting costs such as new ID fans for all kilns necessary 
for utilizing SCR and LoTOx systems. Holcim further claims that the 
limestone and raw materials used in Ellis County kilns are different 
from the limestone, and raw materials used by other plants in the 
world, and deficiencies in the ERG Report is not scientifically or 
factually valid, and is not a reliable basis for TCEQ's adoption of the 
Source Cap Rule or EPA's approval of TCEQ's SIP. Holcim also 
incorporates by reference the comments on the ERG Final Report that 
were submitted to the State.
    Response to Comment #8: As an initial matter, we note that we 
cannot second guess the State's conclusions, so long as our review 
determines that the rules developed meet the minimum statutory 
requirements. Holcim appears to be claiming that the rules are too 
stringent because they are based on a study with which Holcim finds 
fault. However, even if such claim were true, we cannot disapprove the 
rules when they meet the minimum statutory requirements for RACT. Any 
requirement beyond the basic RACT level of control is not a basis for 
EPA to disapprove the rule, as the CAA leaves the choice to the State 
to determine whether to go beyond the minimum statutory requirements of 
the Act.
    The referenced study can be found in Appendix I of the D/FW 1997 8-
hour ozone attainment demonstration SIP revision submittal and is 
available on the TCEQ's Web site at www.tceq.state.tx.us/
implementation/air/sip/BSA_settle.html. The ERG, Inc. prepared the 
Report, and it is entitled ``Assessment of NOX Emissions 
Reduction Strategies for Cement Kilns--Ellis County: Final Report,'' 
dated July 14, 2006. The State relied upon it as well as all other 
available documentation to determine what should be RACT for the cement 
kilns.
    This Report was prepared because of a study conducted on behalf of 
TCEQ pursuant to an April 22, 2005, settlement agreement in a lawsuit 
brought against EPA by Blue Skies Alliance and others. The TCEQ, the 
Portland Cement Association, several counties, and others were 
permitted by the Court to intervene. The Portland Cement Association 
represented Holcim's interests in the lawsuit. The Settlement Agreement 
was filed with the Federal District Court for the Northern District of 
Texas in June 2005.
    Pursuant to paragraph A.3.b. of the Settlement Agreement entitled, 
``Cement Kiln Control Technology Study,'' TCEQ was required to meet 
with Plaintiffs, EPA, and the Portland Cement Association to review and 
comment upon the proposed scope of work to contract with a consultant 
to perform a cement kiln study to evaluate the potential availability 
of new air pollution control technologies for cement kilns in the D/FW 
area. The proposed scope of work also was to include consideration of 
SCR and to evaluate and establish what type of controls may be 
technically and economically applied to the three cement plants in 
Ellis County. Holcim participated in the meetings on the proposed scope 
of work. The TCEQ's choice of a contractor was required to be made with 
consultation with the Plaintiffs, EPA, and the Portland Cement 
Association. Holcim participated in the choice of contractor. Midway 
through the study's progress, the contractor was required to identify 
to the Plaintiffs, EPA, and the Portland Cement Association, a list of 
cement kilns with advanced NOX emission reduction 
technologies being analyzed as part of the study. Holcim received this 
information. TCEQ was required to establish channels of communication 
with the Parties for technical air quality issues and make a good faith 
effort to address problems identified by the Parties. TCEQ also was 
required to meet with the Parties on other issues of interest and 
concern in the cement kiln matter. Holcim was involved in the 
communications and meetings with TCEQ and provided comments on the 
Draft Report and the final. The EPA has not been provided with any 
legal document filed with the Federal District Court asserting that 
TCEQ failed to meet its legal obligations under the Settlement 
Agreement of making a good faith effort to address any problems 
identified by Holcim.
    The ERG Report evaluated the applicability, availability, technical 
feasibility, and cost-effectiveness of NOX control 
technologies for cement kilns located in the D/FW area beyond the 
requirements of the NOX rules in the SIP at the time of the 
Report (i.e., rules adopted by the State in 2003 and approved by EPA at 
69 FR 15681 (March 24, 2004)). The Report is consistent with EPA's ACT 
(2000) document, proposed New Source Performance Standard (NSPS) for 
Portland cement plants at 73 FR 34072 (June 16, 2008), and the BACT/
RACT/LAER Clearinghouse.
    Comment #9: Holcim commented that for its two PH/PC kilns, the TCEQ 
proposed equation at section 117.3123(b) for calculating a 
NOX source cap would establish an emission rate of 2.84 TPD 
of NOX emissions per PH/PC kiln, with a plant-wide 
NOX emission limit of 5.68 TPD (2.84 TPD x 2 kilns). In its 
comments to the State, Holcim alternatively proposed a plant-wide 
NOX limit of 8.5 tons per day to be applied during the ozone 
season only. The TCEQ, however, adopted the equation at section 
117.3123(b) for calculating a NOX source cap that 
establishes a more stringent emission rate than Holcim had requested, 
without going through another round of public comment and hearing.
    Response to Comment #9: Courts have consistently held that an 
agency is not required to start over with a new notice of proposed 
rulemaking, if the final rule is a ``logical outgrowth'' of the 
proposed rule. It is an established administrative law principle that 
after hearing all public comments, the agency may end up substantially 
revising the original proposed rule. What is required is that the 
proposal notice should be sufficiently descriptive of the `subjects and 
issues involved' so that interested parties may offer informed 
criticism and

[[Page 1931]]

comments. See Ethyl Corp. v. EPA, 541 F.2d 1, 48 (DC Cir. 1976). If the 
final rule is logically connected to the proposed rule, the public is 
considered to have had an adequate opportunity to make its views known. 
The State's proposal was clear that the issues were an appropriate 
emissions limitation, and a corresponding source cap equation. After 
the close of the public comment period, and upon review and evaluation 
of the submitted comments, the State merely expanded on prior 
information, and addressed alleged deficiencies in the pre-existing 
data. See Rybachek v. EPA, 904 F.2d 1276, 1286 (9th. Cir. 1990).
    The resultant equation is in a format consistent with other 
equations in Chapter 117. The public was provided an ample opportunity 
to provide comments on the appropriateness of NOX emissions 
limitations, and what would be the appropriate corresponding equation. 
An integral part of rulemaking is for the State to have the authority 
and discretion to revise its initial version of a proposed rule, 
consistent with the terms of its proposal, based on relevant 
information it receives during public comment period. It is not an 
uncommon practice for a state to issue a final rule that differs from 
the proposal based on the receipt of relevant information during its 
public comment period.
    Comment #10: TXI and Holcim comment that neither SCR nor 
LoTOX technology constitutes RACT for the control of 
NOX from the Ellis County cement kilns, and refer to their 
comments on the draft and final Report.
    Response to Comment #10: We believe that these requirements in the 
State's rules meet the minimum level of control required for RACT rules 
and, as discussed previously, the issue of whether the rules are more 
stringent than what is necessary to meet RACT is not pertinent for our 
review of the rules.
    Comment #11: Holcim commented that according to a ``New Source 
Analysis and Technical Review'' (Technical Review) in conjunction with 
Holcim's PSD Permit No. 8996/PSD-TX-454M3, issued in 2005, the TCEQ 
technical staff stated that NOX reductions using SNCR are 
``typically 20-40%.'' Holcim continues that the Technical Review cited 
above; however, mentions that a kiln in Sweden, with a high baseline, 
had demonstrated 83% NOX reduction. Therefore, the State's 
NOX cement kiln rule for Ellis County is too stringent 
because it assumes a control level greater than what was in the 2005 
permit.
    Response to Comment #11: While Holcim accurately describes the 
conclusion reached as part of the 2005 permitting determination, 
additional information has become available since that time, as 
described in the 2006 Report, the documents supporting the EPA's 
proposed NSPS, etc. This additional information illustrates that using 
SNCR with well-designed and properly operated process design, e.g., 
low-NOX burners, Staged Combustion in the Calciner (SCC) 
mechanism, can achieve as high as 70% reductions. Air pollution control 
equipment can often achieve greater percent reduction with higher 
uncontrolled emission rates (high baseline). This means that if a kiln 
is already controlled with low-NOX burners and SCC 
mechanism, then the percent reduction of NOX with the 
addition of the SNCR from that kiln will be less.
    Comment #12: Holcim contends that it cannot meet the ozone season 
emission factor of 1.7 pounds of NOX per ton of clinker 
produced. This emission factor is used by the TCEQ in the equation to 
establish a plant-wide NOX emission source cap for each of 
the three cement kiln companies in Ellis County. 30 TAC 117.3123(b). 
Because it allegedly cannot meet this emission factor, Holcim claims it 
cannot meet the plant-wide NOX emission source cap for its 
PH/PC kilns. Holcim states that it repeatedly commented on the proposed 
emission factor to TCEQ during the rulemaking process, claiming that it 
cannot achieve this emission factor, despite its recent installation of 
SNCR and based upon testing of the SNCR. According to Holcim, testing 
for its kiln 2 showed it did not meet the 1.7 pounds 
NOX/ton of clinker emission factor, but rather it met 1.95 
lb NOX/ton of clinker. Holcim claims the 1.95 emission 
factor was determined to be BACT in a recent air permit for kiln 
2, and that TCEQ adopted the 1.7 pounds NOX per ton 
of clinker emission factor without adequate justification. TCEQ did not 
adequately consider the technical practicability, and economic 
reasonableness of the limitations contained in the source cap rule. 
TCEQ did not adequately consider the reasonable availability of control 
technology for Holcim's kilns, and the emission limitations are not 
practically achievable using SNCR.
    Response to Comment #12: We believe that the State's rules meet the 
minimum level of control required for RACT rules and, as discussed 
previously, the issue of whether the rules are more stringent than what 
is necessary to meet RACT is not pertinent for our review of the rules. 
Further, the source cap does rule not mandate the type of control that 
a source must use.
    The source cap includes a NOX emission factor of 1.7 
pounds per ton of clinker for dry preheater-precalciner or precalciner 
kilns, and a NOX emission factor of 3.4 pounds per ton of 
clinker for wet kilns. According to TCEQ, emission levels of 1.7 pounds 
per ton of clinker have been demonstrated on a dry preheater-
precalciner or precalciner kiln in Ellis County without the addition of 
the SNCR or other controls considered as part of the cement kiln study. 
The commenter has two kilns, one of which is a dry preheater-
precalciner kiln.
    The information in EPA's proposed NSPS (73 FR 34072) indicates that 
an emission factor of 1.5 pound NOX per ton of clinker 
produced is achievable and cost effective. In fact, NOX 
emission factors of 1.62 to 1.97 pound NOX per ton of 
clinker produced have been demonstrated without adding SNCR.
    The information in EPA's proposed NSPS (73 FR 34072) indicates that 
an emission factor of 1.95 pound NOX per ton of clinker 
produced can be achieved on average for approximately $2,000 per ton of 
NOX reduced, and at the 1.5 lb/ton of clinker level for 
approximately $2,100 per ton of NOX reduced.
    The State estimated the cost effectiveness for SNCR presented in 
the cement kiln study to be $1,400 to $2,300 per ton on NOX.
    We reviewed TCEQ's evaluation and find it to be sufficient to 
support a finding that the cement kiln requirements of 30 TAC Chapter 
117 constitute RACT for the D/FW area.
    Comment #13: Holcim states that neither TCEQ nor EPA has conducted 
a proper source-specific RACT analysis for Holcim's cement kilns in 
Ellis County.
    Response to Comment #13: While a State can consider source-specific 
considerations when setting RACT levels of control, it is not obligated 
to do so. RACT is most often implemented through source category rules. 
In setting a source category rule for cement plants, TCEQ set a limit 
it believes, and EPA agrees, meets the statutory minimum for a RACT 
level of control at all of the affected cement manufacturers.
    Comment #14: Holcim asserts that there are other problems with the 
source cap provision of the rule which should prevent it from being 
used to set the NOX emission limitations: a) TCEQ's 
selection of the 2003-2005 time period to calculate a source's actual 
production is without any basis; b) TCEQ's source cap equation fails to 
take into account facility downtime; and c) TCEQ's source cap equation 
fails to take into account the need for alkali bypass at the Holcim 
facility.

[[Page 1932]]

    Response to Comment #14: As discussed previously, the comments are 
not relevant to determining that the rule at a minimum meets the RACT 
requirement of the Act.
    This is not the first time TCEQ has used the three most recent year 
production or capacity data for equations in other parts of Chapter 
117, and EPA has approved that approach as a part of the Texas SIP. The 
production information is the actual data reported by the sources to 
the TCEQ. The source cap equation takes into account facility downtime 
and operation by using the three years of actual production rate data 
reported to TCEQ. With regard to the alkali bypass issue; this comment 
is not relevant to our RACT review because, as noted previously, EPA 
cannot second guess the State's choices of control level as long as it 
meets the minimum level required to satisfy RACT.
    This concludes our responses to the written comments we received 
during public comment period.

D. What sections of the May 30, 2007 submittal will become part of 
Texas SIP?

    Table 1 below contains a summary list of the sections of 30 TAC, 
Chapter 117 that EPA is approving into the Texas SIP.

Table 1--Section Numbers and Section Descriptions of 30 TAC, Chapter 117
                    Affected by the Cement Kilns Rule
------------------------------------------------------------------------
              Section No.                          Description
------------------------------------------------------------------------
Section 117.3100.......................  Applicability.
Section 117.3101.......................  Cement Kilns Definitions.
Section 117.3103.......................  Exemptions.
Section 117.3110.......................  Emission Specifications.
Section 117.3120.......................  Source Cap.
Section 117.3123.......................  Dallas-Fort Worth Eight-Hour
                                          Ozone Attainment Demonstration
                                          Control Requirements.
Section 117.3140.......................  Continuous Demonstration of
                                          Compliance.
Section 117.3142.......................  Emission Testing and Monitoring
                                          for Eight-Hour Attainment
                                          Demonstration.
Section 117.3145.......................  Notification, Recordkeeping,
                                          and Reporting Requirements.
Section 117.9320.......................  Compliance Schedule for Cement
                                          Kilns.
------------------------------------------------------------------------

    You can find complete TCEQ's rules and regulations at http://
www.tceq.state.tx.us/rules/indxpdf.html.

E. What sections of the May 30, 2007 submittal will not become a part 
of Texas SIP?

    Per TCEQ's request the following sections, listed in Table 2 below, 
of the cement kilns rule will not become a part of EPA-approved Texas 
SIP. These sections mainly pertain to the control of ammonia, that is 
not a precursor to ozone, and are not required to be a part of the SIP.

     Table 2--Sections of Chapter 117 Not in EPA-Approved Texas SIP
------------------------------------------------------------------------
              Section No.                          Explanation
------------------------------------------------------------------------
117.3123(f), and 117.3125..............  Not a part of EPA-approved
                                          Texas SIP.
------------------------------------------------------------------------

    Although the above sections of 30 TAC Chapter 117 are not to become 
a part of Texas SIP, they will continue to remain enforceable at the 
State level.

F. What Texas Counties will this rulemaking affect?

    Table 3 below lists the five Texas Counties that will be affected 
by the cement kilns rule.

   Table 3--Texas Counties Affected by Cement Kiln Rulemaking of 2007
------------------------------------------------------------------------
             Texas counties                        Explanation
------------------------------------------------------------------------
Bexar, Comal, Ellis, Hays, and McLennan  See section 117.3101.
------------------------------------------------------------------------

G. What are the NOX control emissions requirements that we 
approved for Texas under the 1-hour ozone SIP?

    We approved the NOX control emission requirements for 
cement kilns at 69 FR 15681 published on March 26, 2004. See Table III 
of that document. We included that Table in the TSD prepared for our 
proposal.

H. What are the NOX control emissions requirements that we 
are approving for Texas under the 8-hour ozone SIP?

    Ellis County is located within the D/FW 8-hour ozone nonattainment 
area. The ozone season for the D/FW area is March 1 through October 31 
of each calendar year. See 40 CFR part 58, Appendix D, Table D-3, and 
40 CFR 81.39. For Ellis County, during the non-ozone season (November 1 
through end-of-February of each calendar year), the cement kilns 
NOX control requirements that we approved at 69 FR 15681 
will continue to remain in effect. However, during the ozone season, 
March 1 through October 31 of each calendar year, the cement kilns in 
Ellis County must comply with a source cap formula calculated and 
expressed in TPD of

[[Page 1933]]

actual NOX emissions, per site, on a 30-day rolling average 
basis. See equation 117.3123(b). The following Table 4 contains a 
summary list of NOX control requirements for cement kilns 
under the 8-hour ozone SIP.

                  Table 4--NOX Control Requirements for Cement Kilns Under the 8-Hour Ozone SIP
----------------------------------------------------------------------------------------------------------------
               Source                        County            NOX emission requirement          Citation
----------------------------------------------------------------------------------------------------------------
Long wet kiln......................  Bexar, Comal, Hays,     6.0 lb NOX/ton of clinker    117.3110(a)(1)(A).
                                      McLennan.               produced.
Long dry kiln......................  Bexar, Comal, Hays,     5.1 lb NOX/ton clinker of    117. 3110(a)(2).
                                      McLennan.               produced.
Preheater kiln.....................  Bexar, Comal, Hays,     3.8 lb NOX/ton of clinker    117. 3110(a)(3).
                                      McLennan.               produced.
Precalciner or preheater-            Bexar, Comal, Hays,     2.8 lb NOX/ton of clinker    117.3110(a)(4).
 precalciner kiln.                    McLennan.               produced.
Long wet kiln......................  Ellis.................  4.0 lb NOX/ton of clinker    117.3110(a)(1)(B).
                                                              produced, outside D/FW
                                                              ozone season.
Preheater kiln.....................  Ellis.................  3.8 lb NOX/ton of clinker    117.3110(a)(3).
                                                              produced, outside D/FW
                                                              ozone season.
Long dry kiln......................  Ellis.................  5.1 lb NOX/ton of clinker    117.3110(a)(2).
                                                              produced, outside D/FW
                                                              ozone season.
Precalciner or preheater-            Ellis.................  2.8 lb NOX/ton of clinker    117.3110(a)(4).
 precalciner kiln.                                            produced, outside D/FW
                                                              ozone season.
Portland cement kiln...............  Ellis.................  During D/FW ozone season,    117.3123(b).
                                                              30-day rolling average,
                                                              source cap equation
                                                              117.3123(b), with the 2003-
                                                              2005 reported average
                                                              annual clinker production,
                                                              limit is equivalent to 1.7
                                                              lb NOX/ton of clinker
                                                              produced for dry preheater-
                                                              precalciner or precalciner
                                                              kilns, or 3.4 lb NOX/ton
                                                              of clinker produced for
                                                              long wet kilns.
----------------------------------------------------------------------------------------------------------------

    The cement kilns rule does not require or endorse a specific 
postcombustion NOX control technology, and allows the owners 
or operators to choose their preferred method of compliance as long as 
the source cap limit, per site, is being met. These NOX 
control requirements will result in a 9.7 TPD of NOX 
reduction from cement kilns in Ellis County. We have determined the 
above NOX control requirements for existing cement kilns in 
the D/FW area are consistent with the RACT requirements of the Act. 
Therefore, we are approving them into the Texas SIP as meeting the RACT 
requirement for the D/FW 8-hour ozone nonattainment area. See our TSD 
prepared in conjunction with this rulemaking action for more 
information.

I. What are the compliance schedules for NOX emissions from 
cement kilns that we are approving?

    The compliance schedule for cement kilns located in Texas Counties 
of Bexar, Comal, Hays, and McLennan will continue to remain in effect 
as we approved it at 69 FR 15681. See Table IV of that document. We 
included that Table in our TSD prepared for the proposal.
    The following Table 5 contains a summary of the NOX 
compliance schedule-related information for cement kilns in Ellis 
County. See section 117.9320(c) for more information.

          Table 5--NOX Compliance Schedules for Cement Kilns in Ellis County Under the 8-Hour Ozone SIP
----------------------------------------------------------------------------------------------------------------
                 Source                          Compliance date            Additional information     Citation
----------------------------------------------------------------------------------------------------------------
Cement Kilns--Ellis County.............  Comply with testing,             8-hour attainment             117.9320
                                          monitoring, notification,        demonstration
                                          recordkeeping, and reporting     requirement.
                                          requirements as soon as
                                          practicable but no later than
                                          March 1st, 2009.
----------------------------------------------------------------------------------------------------------------

    We believe that including the compliance dates in the rule provides 
for enforceability and practicability of the NOX rule, and 
enhances the Texas SIP. The March 1, 2009 compliance date for cement 
kilns in Ellis County is consistent with the implementation requirement 
set forth in 40 CFR 51.912(a)(3). Therefore, we are approving them into 
Texas SIP, and as meeting the RACT requirement for the D/FW 8-hour 
ozone nonattainment area.

II. Final Action

    Today, we are approving revisions to the 30 TAC Chapter 117 into 
the Texas SIP. In this rulemaking, we are approving the nonsubstantive 
renumbering of the cement kilns provisions of the May 30, 2007 
submittal for cement kilns operating in Bexar, Comal, Ellis, Hays, and 
McLennan Counties of Texas. We are approving the substantive cement 
kilns provisions of the May 30, 2007 submittal for cement kilns 
operating in Ellis County as meeting the Act's RACT requirement for 
NOX emissions from cement kilns operating in the D/FW 8-hour 
ozone nonattainment area. We are also making ministerial corrections to 
the table in 40 CFR 52.2270(c) entitled ``EPA-Approved Regulations in 
the Texas SIP'' to reflect our approval of certain revisions to 30 TAC 
117 on December 3, 2008 (73 FR 73562). The ministerial corrections 
apply to table headings and entries for sections 117.323, 117.1110, 
117.1205, 117.1210 and 117.2135 under Chapter 117--Control of Air 
Pollution from Nitrogen Compounds.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the

[[Page 1934]]

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 Clean Air Act. Accordingly, this action merely approves 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);
     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 Clean Air Act;
     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.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by March 16, 2009. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes 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 
oxide, Reporting and recordkeeping requirements, Volatile organic 
compounds.

    Dated: December 17, 2008.
Richard E. Greene,
Regional Administrator, Region 6.

0
Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

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 the entry for Chapter 117--Control of Air Pollution 
from Nitrogen Compounds in the table in paragraph (c) is revised by:
0
a. Removing the entry for the Section 117.223 under Subchapter B, 
Division 3.
0
b. Adding the entry for Section 117.323 under Subchapter B, Division 3.
0
c. Revising the entry for Section 117.1110 under Subchapter C, Division 
2.
0
d. Revising the entries for Sections 117.1205 and 117.1210 under 
Subchapter C, Division 3.

0
e. Revising the entry for Section 117.2135 under Subchapter D, Division 
2.
0
f. Removing the entries for Sections 117.260, 117.261, 117.265, 
117.273, 117.279, 117.283, and 117.524 under Subchapter E, Division 2.
0
g. Adding the entries for Sections 117.3100, 117.3101, 117.3103, 
117.3110, 117.3120, 117.3123, 117.3140, 117.3142, and 117.3145 under 
Subchapter E, Division 2.
0
h. Revising the heading above Section 117.4200 entitled ``Division 2--
Nitric Acid Manufacturing--Ozone Nonattainment Areas'' under Subchapter 
F to read ``Division 3--Nitric Acid Manufacturing--General''.
0
i. Adding the entry for Section 117.9320 under Subchapter H, Division 
1, in numerical order.
0
j. Removing the heading entitled ``Subchapter H--Administrative 
Provisions,'' above Division 2.
    The removals and additions read as follows:


Sec.  52.2270   Identification of plan.

* * * * *
    (c) * * *

[[Page 1935]]



                                                        EPA-Approved Regulations in the Texas SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                State approval/
          State citation                  Title/subject         submittal date           EPA approval date                       Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              Chapter 117--Control of Air Pollution from Nitrogen Compounds
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                Subchapter B--Combustion Control at Major Industrial, Commercial, and Institutional Sources in Ozone Nonattainment Areas
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                      Division 3--Houston-Galveston-Brazoria Ozone Nonattainment Area Major Sources
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 117.323..................  Source cap.................       5/30/2007  1/14/2009 [Insert FR page number
                                                                                 where document begins].

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                       Subchapter C--Combustion Control at Major Utility Electric Generation Sources in Ozone Nonattainment Areas
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                               Division 2--Dallas-Fort Worth Ozone Nonattainment Area Utility Electric Generation Sources
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 117.1110.................  Emission Specifications for       5/30/2007  1/14/2009 [Insert FR page number     117.1110(b) not in SIP.
                                    Attainment Demonstration.                    where document begins].

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                           Division 3--Houston-Galveston-Brazoria Ozone Nonattainment Area Utility Electric Generation Sources
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 117.1205.................  Emission Specifications for       5/30/2007  1/14/2009 [Insert FR page number
                                    Reasonably Available                         where document begins].
                                    Control Technology (RACT).
Section 117.1210.................  Emission Specifications for       5/30/2007  1/14/2009 [Insert FR page number     117.1210(b) not in SIP.
                                    Attainment Demonstration.                    where document begins].

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                     Subchapter D--Combustion Control at Minor Sources in Ozone Nonattainment Areas
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                     Division 2--Dallas-Fort Worth Eight-Hour Ozone Nonattainment Area Minor Sources
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 117.2135.................  Monitoring, Notification,         5/30/2007  1/14/2009 [Insert FR page number
                                    and Testing Requirements.                    where document begins].


[[Page 1936]]


                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      Subchapter E--Multi-Region Combustion Control
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Division 2--Cement Kilns
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 117.3100.................  Applicability..............       5/30/2007  01/14/2009 [Insert FR page number
                                                                                 where document begins].
Section 117.3101.................  Cement Kilns Definitions...       5/30/2007  1/14/2009 [Insert FR page number
                                                                                 where document begins].
Section 117.3103.................  Exemptions.................       5/30/2007  1/14/2009 [Insert FR page number
                                                                                 where document begins].
Section 117.3110.................  Emission Specifications....       5/30/2007  1/14/2009 [Insert FR page number
                                                                                 where document begins].
Section 117.3120.................  Source Cap.................       5/30/2007  1/14/2009 [Insert FR page number
                                                                                 where document begins].
Section 117.3123.................  Dallas-Fort Worth Eight-          5/30/2007  1/14/2009 [Insert FR page number     117.3123(f) not in SIP.
                                    Hour Ozone Attainment                        where document begins].
                                    Demonstration Control
                                    Requirements.
Section 117.3140.................  Continuous Demonstration of       5/30/2007  1/14/2009 [Insert FR page number
                                    Compliance.                                  where document begins].
Section 117.3142.................  Emission Testing and              5/30/2007  1/14/2009 [Insert FR page number
                                    Monitoring for Eight-Hour                    where document begins].
                                    Attainment Demonstration.
Section 117.3145.................  Notification,                     5/30/2007  1/14/2009 [Insert FR page number
                                    Recordkeeping, and                           where document begins].
                                    Reporting Requirements.

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Subchapter F--Acid Manufacturing
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     Division 3--Nitric Acid Manufacturing--General
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Subchapter H--Administrative Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Division 1--Compliance Schedules
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 117.9320.................  Compliance Schedule for           5/30/2007  1/14/2009 [Insert FR page number
                                    Cement Kilns.                                where document begins].

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 1937]]

* * * * *
 [FR Doc. E9-119 Filed 1-13-09; 8:45 am]

BILLING CODE 6560-50-P
