[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Proposed Rules]
[Pages 56770-56773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24658]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2018-0675; FRL-9985-91-Region 6]


Air Plan Approval; Texas; Reasonably Available Control Technology

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
convert its September 22, 2017 conditional approval of revisions to the 
Texas State Implementation Plan (SIP), addressing Oxides of Nitrogen 
(NOX) Reasonably Available Control Technology (RACT) for the 
TXI Operations, LP (Texas Industries, Inc., TXI) cement manufacturing 
plant in Ellis County, to full approval. The August 21, 2018 SIP 
submittal satisfies Texas' commitment which was the basis for our 
conditional approval of NOX RACT for this plant. Final 
approval of this SIP submittal will convert our earlier conditional 
approval to full approval. We are taking this action in accordance with 
the Clean Air Act (CAA, the Act) requirements.

[[Page 56771]]


DATES: Comments must be received on or before December 14, 2018.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2018-0675 at http://www.regulations.gov or via email to 
[email protected]. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e. on the web, cloud, or other file sharing system). For 
additional submission methods, please contact Mr. Alan Shar, (214) 665-
6691, [email protected]. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at the EPA 
Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all 
documents in the docket are listed in the index, some information may 
be publicly available only at the hard copy location (e.g., copyrighted 
material), and some may not be publicly available at either location 
(e.g., CBI).

FOR FURTHER INFORMATION CONTACT: 
    Mr. Alan Shar (6MM-AA), (214) 665-6691, [email protected]. To 
inspect the hard copy materials, please schedule an appointment with 
Alan Shar.

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

Outline

I. Background
    A. RACT and the RACT Requirements Relevant for This Action
    B. Conditional Approval
II. Evaluation
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    As a part of its July 10, 2015 Dallas Fort Worth (DFW) SIP 
submittal, TCEQ conducted RACT analyses to demonstrate that the RACT 
requirements for affected NOX sources in the DFW 2008 8-Hour 
Ozone nonattainment area have been satisfied, relying on the 
NOX RACT rules EPA had previously approved for the DFW area 
for its classification as Serious for the 1997 8-Hour Ozone standard. 
See March 27, 2015 (80 FR 16292), and 40 CFR 51.1112. The RACT analysis 
is contained in Appendix F of the TCEQ July 10, 2015 SIP submittal as a 
component of the DFW 2008 8-Hour Ozone attainment demonstration plan. 
On September 22, 2017, we conditionally approved NOX RACT 
for the TXI cement manufacturing plant in Ellis County, and fully 
approved NOX RACT for all other affected sources in the ten 
county DFW 2008 8-Hour Ozone nonattainment area.
    On August 21, 2018 TCEQ submitted a revision to Texas SIP 
addressing NOX RACT for the TXI cement manufacturing plant 
in Ellis County as a part of its DFW 2008 8-Hour Ozone National Ambient 
Air Quality Standards (NAAQS) SIP update. The August 21, 2018 SIP 
submittal contains both an Agreed Order (AO) concerning TXI and a SIP 
narrative for DFW NOX RACT.

A. RACT and the RACT Requirements Relevant for This Action

    Section 172(c)(1) of the Clean Air Act (CAA, Act) requires that 
SIPs for nonattainment areas ``provide for the implementation of all 
reasonably available control measures as expeditiously as practicable 
(including such reductions in emissions from existing sources in the 
area as may be obtained through the adoption, at a minimum, of 
reasonably available control technology) and shall provide for 
attainment of the primary National Ambient Air Quality Standards 
(NAAQS).'' The EPA has defined RACT as the lowest emissions limitation 
that a particular source is capable of meeting by the application of 
control technology that is reasonably available, considering 
technological and economic feasibility.\1\
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    \1\ September 17, 1979 (44 FR 53761).
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    Section 182(b)(2) of the Act requires states to submit a SIP 
revision and implement RACT for major stationary sources in moderate 
and above ozone nonattainment areas. For a Moderate, Serious, or Severe 
area, a major stationary source is one that emits, or has the potential 
to emit, 100, 50, or 25 tons per year (tpy) or more of VOCs or 
NOX, respectively.\2\ The DFW area was classified as Serious 
on December 20, 2010 (75 FR 79302). Ellis County is one of the ten 
Counties constituting the DFW 2008 8-Hour Ozone nonattainment area. 
Thus, per section 182(c) of the CAA, a major stationary source in the 
DFW area, is one which emits, or has the potential to emit, 50 tpy or 
more of VOCs or NOX. The TXI cement manufacturing plant in 
Ellis County is a major source of NOX, and subject to RACT.
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    \2\ CAA sections 182(b), 182(c), and 182(d).
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    The terms ``TXI Operations, LP'', ``TXI'', ``Martin Marietta'', and 
``MM'' are used interchangeably in this action.\3\
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    \3\ Index of written testimony, Reference number W-1, August 21, 
2018 SIP submission.
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    The EPA provides states with guidance concerning what types of 
controls could constitute RACT for a given source category through the 
issuance of Control Technique Guidelines (CTG) and Alternative Control 
Techniques (ACT) documents.\4\
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    \4\ See http://www.epa.gov/airquality/ozonepollution/SIPToolkit/ctgs.html.
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B. Conditional Approval

    Under section 110(k)(4) of the Act, the Administrator may approve a 
plan revision based on a commitment of the State to adopt specific 
enforceable measures by a date certain, but not later than 1 year after 
the date of approval of the plan revision. Any such conditional 
approval shall be treated as a disapproval, if the State fails to 
comply with such commitment.
    The EPA conditionally approved NOX RACT for the TXI 
cement manufacturing plant in Ellis County on September 22, 2017 (82 FR 
44320), with an effective date of October 23, 2017.\5\ The RACT 
determination action was based on the State's written commitment to EPA 
that through an AO or rulemaking action, between TCEQ and TXI, certain 
conditions of their air permit, concerning the NOX emission 
limitation of 1.95 lb/ton of clinker produced from kiln #5, would be 
incorporated into a forthcoming revision to the Texas SIP.\6\ This SIP 
revision was necessary so that the emission limit relied upon to 
implement NOX RACT would be part of the Texas SIP. The 
forthcoming revision to the Texas SIP was to be submitted to EPA no 
later than one year from the effective date of final conditional 
approval of the NOX RACT for kiln #5, or no later than 
October 23, 2018. See section 110(k)(4) of the CAA.
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    \5\ EPA Docket No. EPA-R06-OAR-2015-0496 available at 
www.regulations.gov.
    \6\ July 29, 2016 letter at www.regulations.gov document ID No. 
EPA-R06-OAR-2015-0496-0035.
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    The August 21, 2018 SIP submittal was provided to fulfil TCEQ's 
written commitment to EPA. RACT for the TXI

[[Page 56772]]

cement kiln #5 is fulfilled by an AO \7\ which is included in the SIP 
submittal and will become part of the SIP, if EPA finalizes this 
proposed approval. The scope of this rulemaking action is strictly 
limited to evaluating the SIP revision, including the AO, and whether 
it meets the requirements of the conditional approval. The AO includes 
incorporation of certain TXI's New Source Review (NSR) SIP permit 
conditions (Specific Conditions 3.A(1)-(3) of NSR Permit 
1360A(PSDTX632M1)) such that the AO stands on its own and insures the 
necessary requirements will become a part of the Texas SIP. No further 
RACT review or determination is being conducted here. Comments 
concerning the area's ozone attainment demonstration plan, or review of 
NOX RACT are beyond the scope of this rulemaking action.
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    \7\ TCEQ Docket No. 2017-1648-SIP, Agreed Order.
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II. Evaluation

    As a part of our July 19, 2017 proposal (82 FR 33026) and September 
22, 2017 final (82 FR 44320) rulemaking actions we, among other things, 
determined the NOX emission limitations and control 
requirements in Appendix F meet RACT for each cement manufacturing 
plant in Ellis County, including the TXI cement manufacturing plant in 
Ellis County.\8\
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    \8\ Technical Support Document (TSD) ID No. EPA-R06-OAR-2015-
0496-0036 at www.regulations.gov.
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    As a part of our RACT determination at 82 FR 44320, we found that 
emission limitations and control requirements for the TXI plant 
contained in certain terms of TXI's air permit, including the 
NOX emission limitation of 1.95 lb/ton of clinker are 
consistent with our guidance and ACT documents, and meet the lowest 
emission limitation through application of control techniques that are 
reasonably available considering technological and economic 
feasibility. The air permit, however, is not part of the SIP. 
Therefore, our approval was conditioned on certain terms of the permit 
being approved by EPA as a source-specific SIP revision. TCEQ committed 
to address the referenced terms of TXI's air permit through rule 
revision or an AO in a SIP revision, and submit that SIP to the EPA as 
a revision to its NOX RACT SIP no later than October 23, 
2018. See section 110(k)(4) of the Act (conditional approval). As 
stated above, the August 21, 2018 SIP submittal satisfies that 
commitment.
    The August 21, 2018 SIP submittal consists of an AO which states 
that the kiln #5 NOX CEMS is subject to the provisions in 30 
TAC section 117.3140(b), 40 CFR 60.13, 40 CFR 60 Appendix B, 
Performance Specification 2, and is subject to audits in accordance 
with section 5.1 of Appendix F Quality Assurance Procedures.\9\
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    \9\ Part I, stipulation 16 of the Agreed Order.
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    The kiln #5 stack exhaust flow rate is subject under the AO to 30 
TAC section 117.3142(a)(2), which requires monitoring with a flow meter 
subject to 40 CFR part 60 Appendix B, Performance Specification 6 or 40 
CFR part 75 Appendix A.\10\
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    \10\ Id.
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    Pursuant to the AO, the TXI must monitor and record clinker 
production rates, in tons per hour, tons per day, daily summed on a 30-
day rolling basis, and monthly summed on a 12-month rolling basis. 
Hourly and daily clinker production rates may be based on the previous 
month's feed-to-clinker ratio multiplied by the measured hourly/daily 
kiln feed rate, as specified in 40 CFR 60 subpart F section 60.63(b). 
Records in units of lb NOX/ton of clinker produced are 
maintained on a 30-day rolling average basis.\11\
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    \11\ Id.
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    The AO also requires that the NOX emission limit is 1.95 
lb NOX/ton of clinker for kiln #5, on a 30-day rolling 
average basis. Furthermore, this limit of 1.95 lb NOX per 
ton of clinker cannot be revised to be less stringent without an 
approved revised RACT determination in accordance with the State and 
Federal requirements for SIP revisions.\12\
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    \12\ Part I, Item #19 of Agreed Order.
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    The AO states that the Company shall make records available upon 
request by the TCEQ or any other air pollution control agency with 
jurisdiction over the Company.\13\
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    \13\ Part II, Item #3 of Agreed Order.
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    In addition, Special Conditions outlined in Part II, Item #2, 
subparagraphs 1, 2, and 3 of the AO shall be incorporated in Company's 
NSR permit 1360A (PSDTX632M1) as they concern the NOX RACT 
limit, averaging periods, and NOX CEMS provisions for kiln 
#5, respectively. These provisions will provide for consistency between 
the TCEQ air permit and the federally enforceable NOX RACT 
SIP requirements for kiln #5.
    The AO has gone through public notice and comment at the State 
level, and it adopts specific enforceable measures in conformance with 
section 110(k)(4) of the Act.
    We find that the submitted AO meets the conditions for full 
approval and includes all the required provisions to meet the 
NOX RACT requirements that EPA approved in the September 22, 
2017 final action.

III. Proposed Action

    We are proposing to find TCEQ's August 21, 2018 SIP submittal 
satisfies its obligation under the September 22, 2017 (82 FR 44320) 
conditional approval, and to convert the September 22, 2017 (82 FR 
44320) rulemaking to full approval. We are proposing to approve the 
August 21, 2018 SIP submittal, including approval of the AO as a 
source-specific NOX RACT revision to the SIP.

IV. Incorporation by Reference

    In this action, we are proposing to include in a final rule 
regulatory text that includes incorporation by reference. In accordance 
with the requirements of 1 CFR 51.5, we are proposing to incorporate by 
reference revisions to Texas' regulations, as described in the Proposed 
Action section above. The EPA has made, and will continue to make, 
these documents generally available electronically through 
www.regulations.gov and in hard copy at the EPA Region 6 office.

V. Statutory and Executive Order Reviews

    Under the Act, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the Act. Accordingly, this 
action merely proposes to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described

[[Page 56773]]

in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the proposed rule does not have tribal implications and will 
not impose substantial direct costs on tribal governments or preempt 
tribal law as specified by Executive Order 13175 (65 FR 67249, November 
9, 2000).

List of Subjects in 40 CFR Part 52

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

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

    Dated: November 5, 2018.
Anne Idsal,
Regional Administrator, Region 6.
[FR Doc. 2018-24658 Filed 11-13-18; 8:45 am]
BILLING CODE 6560-50-P


