
[Federal Register Volume 82, Number 137 (Wednesday, July 19, 2017)]
[Proposed Rules]
[Pages 33026-33030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15165]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2015-0496; FRL-9964-11-Region 6]


Approval and Promulgation of Implementation Plans; Texas; 
Reasonably Available Control Technology for the 2008 8-Hour Ozone 
National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or Act), the 
Environmental Protection Agency (EPA) is proposing to conditionally 
approve revisions to the Texas State Implementation Plan (SIP) 
addressing Oxides of Nitrogen (NOX) Reasonably Available 
Control Technology (RACT) for the Martin Marietta (formerly, Texas 
Industries, Inc., or TXI) cement manufacturing plant in Ellis County. 
We are proposing to fully approve revisions to the Texas SIP addressing 
NOX RACT for all other affected sources in the ten county 
Dallas Fort Worth (DFW) 2008 8-Hour ozone nonattainment area. We are 
also proposing to approve NOX RACT negative declarations (a 
finding that there are no emission sources in certain categories) for 
the DFW 2008 8-Hour ozone nonattainment area. The DFW 2008 8-Hour ozone 
nonattainment area consists of Collin, Dallas, Denton, Ellis, Johnson, 
Kaufman, Parker, Rockwall, Tarrant, and Wise counties. The RACT 
requirements apply to major sources of NOX in these ten 
counties.

DATES: Comments must be received on or before August 18, 2017.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2015-0496 or via email to shar.alan@epa.gov. Follow the on-line 
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.

[[Page 33027]]

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 Alan Shar, 
(214) 665-6691, shar.alan@epa.gov. For the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit 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, shar.alan@epa.gov. To inspect the hard copy materials, please 
contact Alan Shar.

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

Outline

I. Background
    A. What is RACT, and what are the RACT requirements relevant for 
this action?
II. Evaluation
    A. What is the Texas Commission on Environmental Quality's 
(TCEQ) approach and analysis to RACT?
    B. Is Texas' RACT determination for NOX sources 
approvable?
    C. Are there negative declarations for categories of 
NOX sources within this nonattainment area?
    D. RACT and Cement Manufacturing Plants
    E. Ellis County Cement Manufacturing Plants
    F. What is a conditional approval?
III. Proposed Action
IV. Statutory and Executive Order Reviews

I. Background

A. What is RACT and what are 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. See September 17, 1979 (44 FR 
53761).
    Section 182(b)(2) of the Act requires states to submit a SIP 
revision and implement RACT for major stationary sources in moderate 
and above ozone nonattainment areas. For a Moderate, Serious, or Severe 
area a major stationary source is one that emits, or has the potential 
to emit, 100, 50, or 25 tons per year (tpy) or more of VOCs or 
NOX, respectively. See CAA sections 182(b), 182(c), and 
182(d). 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. See http://www.epa.gov/airquality/ozonepollution/SIPToolkit/ctgs.html (URL dating August 17, 2014) for a 
listing of EPA-issued CTGs and ACTs.
    The DFW nonattainment area was designated nonattainment for the 
1997 8-Hour ozone standard and classified as Moderate with an 
attainment deadline of June 15, 2010. See January 14, 2009 (74 FR 
1903).
    The DFW area was later reclassified to Serious on December 20, 2010 
(75 FR 79302) because it failed to attain the 1997 8-Hour standard by 
its attainment deadline of June 15, 2010. 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 EPA approved NOX RACT for the DFW area classified as 
Serious under the 1997 8-Hour Ozone standard on March 27, 2015 (80 FR 
16291).
    The EPA designated the DFW area as nonattainment for the 2008 8-
Hour ozone NAAQS with a moderate classification. The designated area 
for the 2008 standard includes Wise County, which was not included as 
part of the nonattainment area for the 1997 8-Hour Ozone standard. See 
May 21, 2012 (77 FR 30088), 40 CFR 81.344; and Mississippi Commission 
on Environmental Quality vs. EPA, No. 12-1309 (D.C. Cir., June 2, 2015) 
(upholding EPA's inclusion of Wise County in the DFW 2008 8-Hour ozone 
nonattainment area).
    Thus, based on the moderate classification of the DFW area for the 
2008 ozone standard, under section 182(b) of the CAA, a major 
stationary source in Wise County is one that emits, or has the 
potential to emit, 100 tpy or more of VOCs or NOX.

II. Evaluation

A. What is the TCEQ's approach and analysis to RACT?

    Sections 182(b)(2)(A) and (B) of the CAA require that states must 
ensure RACT is in place for each source category for which EPA has 
issued a CTG, and for any major source not covered by a CTG. The EPA 
has not issued CTGs for sources of NOX, so the 
NOX RACT requirement applies to all major sources of 
NOX. As a part of its July 10, 2015 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.

B. Is Texas' RACT determination for NOX sources approvable?

    The requirements for RACT are included in 182(b)(2) of the Act and 
further explained in our ``SIP Requirements Rule'' of March 6, 2015 (80 
FR 12279), which explains States should refer to existing CTGs and ACTs 
as well as all relevant technical information including recent 
technical information received during the public comment period to 
determine if RACT is being applied. States may conclude, in some cases, 
that sources already addressed by RACT determinations to meet the 1-
Hour and/or the 1997 8-Hour ozone NAAQS do not need to implement 
additional controls to meet the 2008 ozone NAAQS RACT requirement. The 
EPA has previously found that Texas NOX rules meet RACT for 
the 1-Hour and the 1997 8-Hour standards. See March 27, 2015 (80 FR 
16291).
    Texas adopted new rules for wood-fired boilers in the DFW area, and 
new rules for major sources in the added county, Wise County, and 
determined they were RACT. We have reviewed the wood-fired boilers 
rules and the rules for major sources in Wise County and

[[Page 33028]]

are proposing that those rules are RACT for the covered sources. In 
addition, we are proposing to determine that the State's certification 
that the applicable control requirements Texas has in place for all 
other affected NOX sources as identified in Table F-4 of the 
submittal (including the proposed conditional approval for the Martin 
Marietta cement manufacturing plant in Ellis County) meet the RACT 
requirement for the 2008 8-Hour ozone standard. See part 3, section 5 
of the TSD.
    Table 1 below contains a list of affected source categories, EPA 
reference documents, and the corresponding sections of 30 TAC Chapter 
117 that TCEQ determined were RACT for sources of NOX in the 
DFW area for the 2008 NAAQS. See Table F1, Appendix F of the July 10, 
2015 DFW SIP submittal.

 Table 1--Source Categories, EPA reference Documents, and Corresponding Section of 30 TAC Chapter 117 Fulfilling
                                                      RACT
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                                                                                            30 TAC chapter 117
                Source category                         EPA reference documents              fulfilling RACT
----------------------------------------------------------------------------------------------------------------
Glass Manufacturing...........................  NOX Emissions from Glass Manufacturing       Sec.   117.400-Sec.
                                                 (EPA-453/R-94-037, June 1994).                          117.456
Industrial, Commercial, and Institutional       NOX Emissions from Industrial,               Sec.   117.400-Sec.
 Boilers.                                        Commercial and Institutional Boilers                    117.456
                                                 (EPA-453/R-94-022, March 1994).
Iron and Steel Mills..........................  NOX Emissions from Iron and Steel Mills      Sec.   117.400-Sec.
                                                 (EPA-453/R-94-065, September 1994).                     117.456
Process Heaters...............................  NOXEmissions from Process Heaters (EPA-      Sec.   117.400-Sec.
                                                 453/R-93-034, September 1993).                          117.456
Stationary Internal Combustion Engines........  NOX Emissions from Stationary Internal       Sec.   117.400-Sec.
                                                 Combustion Engines (EPA-453/R-93-032,                   117.456
                                                 July 1993, Updated September 2000).
Stationary Turbines...........................  NOX Emissions from Stationary                Sec.   117.400-Sec.
                                                 Combustion Turbines (EPA-453/R-93-007,                  117.456
                                                 January 1993).
Utility Boilers...............................  NOX Emissions from Utility Boilers (EPA-    Sec.   117.1300-Sec.
                                                 453/R-94-023, March 1994).                             117.1356
----------------------------------------------------------------------------------------------------------------

    On April 13, 2016 (81 FR 21747), we approved revisions to 30 TAC 
Chapter 117 (NOX rules) for control of NOX 
emissions for affected sources in the DFW area as part of the SIP, but 
did not make the determination whether these rule revisions met RACT at 
81 FR 21747. See docket No. EPA-R06-OAR-2015-0497 at 
www.regulations.gov.
    We have reviewed the emission limitations and control requirements 
for the above source categories, Table 1, in 30 TAC Chapter 117, and 
compared them against EPA's ACT documents, available technical 
information, and guidelines. Based on our review and evaluation we 
found the emission limitations and control requirements in 30 TAC 
Chapter 117 for the above source categories to be consistent with our 
guidance and ACT documents, and based upon available technical 
information that the corresponding sections in 30 TAC Chapter 117 
provide for the lowest emission limitation through application of 
control techniques that are reasonably available considering 
technological and economic feasibility. For more information, see part 
3, section 6 of the TSD prepared in conjunction with this action. Also, 
see part 4 of the TSD for the March 27, 2015 (80 FR 16291) at 
www.regulations.gov, docket ID No. EPA-R06-OAR-2013-0804.
    We are proposing to find that the control requirements for the 
source categories identified in Table 1 are RACT for all affected 
sources in the ten County DFW area under the 2008 8-Hour ozone NAAQS. 
See part 3, sections 5-7 of the TSD.

C. Are there negative declarations for categories of NOX 
sources within this nonattainment area?

    States are not required to adopt RACT limits for source categories 
for which no sources exist in a nonattainment area and can submit a 
negative declaration to that effect. Texas has reviewed its emissions 
inventory and determined that there are no nitric and adipic acid 
manufacturing operations in the DFW area. See Table F-1, page 8 of the 
Appendix F, titled ``State Rules Addressing NOX RACT 
Requirements in ACT Reference.'' We are also unaware of any such 
facilities operating in the DFW nonattainment area, and thus we are 
proposing to approve the negative declarations made for the nitric and 
adipic acid manufacturing operations in the ten County DFW area under 
the 2008 8-Hour ozone NAAQS.

D. RACT and Cement Manufacturing Plants

    As detailed in Table 2 below, EPA has issued guidance on 
NOX emissions from Cement Manufacturing Plants and Texas has 
adopted rules for the control of NOX emissions from Cement 
Manufacturing Plants codified at 30 TAC Chapter 117. The rules 
establish NOX emissions by adopting a NOX cap on 
each of the cement manufacturing plants in the area.

     Table 2--Cement Manufacturing, EPA Reference Documents, and Corresponding Section of 30 TAC Chapter 117
                                                 Fulfilling RACT
----------------------------------------------------------------------------------------------------------------
                                                                                            30 TAC chapter 117
                Source category                         EPA reference documents              fulfilling RACT
----------------------------------------------------------------------------------------------------------------
Cement Manufacturing..........................  NOX Emissions from Cement Manufacturing    Sec.   117.3100--Sec.
                                                 (EPA-453/R-94-004, 1994/03); and NOX                   117.3145
                                                 Control Technologies for the Cement
                                                 Industry: Final Report (EPA-457/R-00-
                                                 002, 2000/09).
----------------------------------------------------------------------------------------------------------------

    The source cap provision is a NOX emission limitation 
expressed in tons per day (tpd) for cement kilns in Ellis County 
(thereafter, Cap8hour, cap). The Cap8hour was 
established based on a formula that included average annual tons of 
clinker produced for the three-year period of 2003, 2004, and 2005 plus 
one standard deviation. See 30 TAC Sec.  117.3123. The addition of one 
standard deviation to the average annual clinker production rates was 
intended to provide further operational flexibility for the sources as 
they calculated their production rates for the wet and dry

[[Page 33029]]

kiln systems, ``NW'' and ``ND'', in order for 
TCEQ to determine a tpd numerical value for the Cap8hour 
emission limitation. See Equation 117.3123(b). The formula for 
establishing the Cap8hour includes an emission factor of 3.4 
lbs of NOX/ton of clinker produced for wet kilns, and an 
emission factor of 1.7 lbs of NOX/ton of clinker produced 
for dry kilns. Compliance with the 30-day rolling average cap must be 
shown starting March 31st of each calendar year, and the NOX 
cap limitation in section 117.3123 applies from March 1st through 
October 31st of each calendar year. See part 4, sections 8 and 9 of the 
TSD for more information. Each cement manufacturing plant in Ellis 
County has been allocated a specific value in tons per day as its cap. 
Once established based on 2003, 2004, and 2005 production rates the 
calculated emission rate is not changed. We approved this rule on 
January 14, 2009 (74 FR 1927) as part of the DFW SIP, and as meeting 
the NOX RACT requirement for cement kilns operating in the 
DFW 1997 8-Hour ozone nonattainment area. Since that time, there are no 
longer any wet kilns in the area.

E. Ellis County Cement Manufacturing Plants

    Currently, three companies operate four cement kilns in Ellis 
County. Below we evaluate whether RACT is in place for these plants.
    Ash Grove Cement Company (Ash Grove) operated three kilns in Ellis 
County. A federally enforceable 2013 consent decree, not a part of this 
SIP submittal, required by September 10, 2014 shutdown of two kilns and 
reconstruction of kiln #3 with Selective Noncatalytic Reduction (SNCR) 
with an emission limitation of 1.5 pounds of NOX per ton of 
clinker produced (lb NOX/ton of clinker), and a 12-month 
rolling tonnage limit for NOX of 975 tpy. A May 11, 2016 
letter from Ash Grove to TCEQ confirms decommissioning of the kilns # 1 
and 2. We have made this letter available in docket for this action. 
The reconstructed kiln #3 is a dry kiln subject to the 1.5 lb 
NOX/ton of clinker emission standard per 40 CFR 60 subpart F 
(New Source Performance Standard--NSPS) for Portland Cement Plants. A 
review of NOX emission limits in place across the country is 
included with the TSD for this action, and it can be seen that this 
limit is well within the range of the most stringent controls currently 
in place. This NOX emission limit is the lowest emission 
limitation through application of control techniques (SNCR) that is 
reasonably available considering technological and economic 
feasibility, and therefore the NSPS satisfies RACT for Ash Grove in 
Ellis County. The TCEQ has the delegated authority to enforce this 
federal standard through the agency's general NSPS delegation. The TCEQ 
air permit for this plant is available in the docket for this action. 
Further, we are proposing to remove our approval of the cap rules as 
being RACT for Ash Grove and finding that the NSPS applicable to Ash 
Grove meets RACT for the 2008 ozone NAAQS.
    Holcim U.S., Inc. (Holcim) currently has two dry preheater/
precalciner kilns equipped with SNCR. There has not been a long wet 
cement kiln associated with the Holcim operations in Ellis County. The 
current section 117.3123 source cap is established at 5.3 tpd 
NOX for Holcim. As discussed above this cap was established 
based on an emission factor of 1.7 lbs/ton of clinker. Again such an 
emission rate is among the most stringent emission rates in place 
across the country. We believe the NOX emission limitation 
established by the section 117.3123 cap is the lowest emission 
limitation through application of control techniques (SNCR) that is 
reasonably available considering technological and economic feasibility 
for this source, and therefore it satisfies RACT for Holcim. 
Consequently, we are retaining the cap rules as meeting RACT for Holcim 
for the 2008 ozone NAAQS.
    Martin Marietta (MM) currently operates one dry preheater/
precalciner kiln #5. The existing section 117.3123 source cap allocated 
to this kiln is set at 7.9 tpd NOX. The permitted capacity 
of this kiln is 2,800,000 tons of clinker per year, and it has a 
permitted emissions limitation of 1.95 lb NOX/ton of 
clinker. According to TCEQ, the kiln #5 typically operates well below 
the source cap, at an average emission factor below 1.5 lbs/ton of 
clinker. While the NOX limit of 1.95 lbs/ton of clinker is 
somewhat higher than the limits in place at other cement plants in 
Ellis County, it is still among the most stringent limits in the 
country. We believe that it is reasonable for the limit to be less 
stringent than Ash Grove's limit because Ash Grove (kiln #3) is a new 
source and new sources generally can achieve a lower emission rate than 
existing sources that must be retrofitted. We also believe it is 
reasonable that MM's limit be somewhat higher than the emission factor 
(1.7 lbs/ton of clinker) used to establish the emission cap at Holcim 
because the emission cap allows for operational flexibility to balance 
emissions between the two Holcim kilns.
    We are proposing to conditionally approve 1.95 lbs/ton of clinker 
as RACT for MM following the State's written commitment to EPA. The 
commitment letter states that through an agreed order between TCEQ and 
MM, certain conditions of MM's air permit, concerning the 
NOX emission limitation of 1.95 lb/ton of clinker produced 
from kiln #5, will be incorporated into a future revision to the Texas 
SIP. That particular future SIP revision will be submitted to EPA per 
timeline described in section F below.
    We have reviewed the emission limitations and control requirements 
for the source category listed in Table 2 above, the corresponding 
sections in 30 TAC Chapter 117, and the Appendix F of the July 10, 2015 
DFW SIP submittal, and compared them against EPA's ACT documents and 
guidelines. Based on our review and evaluation we found the emission 
limitations and control requirements in 30 TAC Chapter 117 and the 
Appendix F of the July 10, 2015 DFW SIP submittal for the above source 
category to be consistent with our guidance and ACT documents. We have 
also found these limits are among the most stringent in place in the 
country, at this time. As such, we are proposing that they provide for 
the lowest emission limitation through application of control 
techniques that are reasonably available considering technological and 
economic feasibility. For more information, see parts 2 and 4 of the 
TSD prepared in conjunction with this action.

F. What is a 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. If the State does not meet its commitment 
within the specified time period by 1) not adopting and submitting 
measures by the date it committed to, 2) not submitting anything, or 3) 
EPA finding the submittal incomplete, the approval will be converted to 
a disapproval. The Regional Administrator would send a letter to the 
State finding that it did not meet its commitment or that the submittal 
is incomplete and that the SIP submittal was therefore disapproved. The 
18-month clock for sanctions and the two-year clock for a Federal 
Implementation Plan would start as of the date of the letter. 
Subsequently, a notice to that effect would be published in the Federal 
Register, and appropriate language inserted in the CFR.

[[Page 33030]]

III. Proposed Action

    We are proposing to conditionally approve revisions to the Texas 
SIP addressing NOX RACT for the Martin Marietta (formerly, 
Texas Industries, Inc., or TXI) cement manufacturing plant in Ellis 
County. We are proposing to approve revisions to the Texas SIP 
addressing NOX RACT for all other affected sources in the 
ten County DFW 2008 8-Hour ozone nonattainment area. We are also 
proposing to approve NOX RACT negative declarations for the 
DFW area under the 2008 8-Hour ozone NAAQS.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Additional information 
about these statutes and Executive Orders can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA because this action does not impose additional requirements 
beyond those imposed by state law.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities beyond those 
imposed by state law.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action does not impose additional requirements 
beyond those imposed by state law. Accordingly, no additional costs to 
State, local, or tribal governments, or to the private sector, will 
result from this action.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175, because the SIP is not approved to apply on any 
Indian reservation land or in any other area where the EPA or an Indian 
tribe has demonstrated that a tribe has jurisdiction, and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law. Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not impose additional 
requirements beyond those imposed by state law.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or otherwise impractical. The EPA 
believes that this action is not subject to the requirements of section 
12(d) of the NTTAA because application of those requirements would be 
inconsistent with the CAA.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Population

    The EPA lacks the discretionary authority to address environmental 
justice in this rulemaking.

List of Subjects in 40 CFR Part 52

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

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

    Dated: July 11, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2017-15165 Filed 7-18-17; 8:45 am]
BILLING CODE 6560-50-P


