[Federal Register Volume 87, Number 135 (Friday, July 15, 2022)]
[Proposed Rules]
[Pages 42422-42424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15130]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2021-0923; FRL-9882-01-R9]


Air Plan Approval; California; Mojave Desert Air Quality 
Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the Mojave Desert Air Quality Management District 
(MDAQMD or ``District'') portion of the California State Implementation 
Plan (SIP). This revision concerns emissions of oxides of nitrogen 
(NOX) from Portland cement kilns. We are proposing to 
approve a local rule to regulate these emission sources under the Clean 
Air Act (CAA or the Act). We are taking comments on this proposal and 
plan to follow with a final action.

DATES: Comments must be received on or before August 15, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2021-0923 at https://www.regulations.gov. For comments submitted at 
Regulations.gov, 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 the person identified in 
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public 
comment policy, information about CBI or multimedia submissions, and 
general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. If you need assistance in a 
language other than English or if you are a person with disabilities 
who needs a reasonable accommodation at no cost to you, please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Elijah Gordon, EPA Region IX, 75 
Hawthorne St. (AIR-3-2), San Francisco, CA 94105. By phone: (415) 972-
3158 or by email at [email protected].

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

Table of Contents

I. The State's Submittal
    A. What rule did the State submit?
    B. Are there other versions of this rule?
    C. What is the purpose of the rule revision?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rule?
    B. Does the rule meet the evaluation criteria?
    C. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rule did the State submit?

    Table 1 lists the rule addressed by this proposal with the dates 
that it was adopted by the local air agency and submitted by the 
California Air Resources Board (CARB).

                                             Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
              Local agency                  Rule #            Rule title              Amended        Submitted
----------------------------------------------------------------------------------------------------------------
MDAQMD..................................       1161  Portland Cement Kilns......      01/22/2018      05/23/2018
----------------------------------------------------------------------------------------------------------------

    On November 23, 2018, pursuant to CAA section 110(k)(1)(B) and 40 
CFR part 51, appendix V, the submittal for the MDAQMD Rule 1161 was 
deemed complete by operation of law.

B. Are there other versions of this rule?

    We approved an earlier version of Rule 1161 into the SIP on 
February 27, 2003 (68 FR 9015). The MDAQMD adopted revisions to the 
SIP-approved version on January 22, 2018, and CARB submitted them to us 
on May 23, 2018. If we take final action to approve the January 22, 
2018 version of Rule 1161, this version will replace the previously 
approved version of the rule in the SIP.

C. What is the purpose of the rule revision?

    Emissions of NOX contribute to the production of ground-
level ozone, smog and particulate matter (PM), which harm human health 
and the environment. Section 110(a) of the CAA requires states to 
submit plans that provide for implementation, maintenance, and 
enforcement of the National Ambient Air Quality Standards (NAAQS). SIP-
approved Rule 1161 established NOX emission limits for 
Portland cement kilns within the District.
    On November 17, 2017 (82 FR 54309), the EPA proposed to 
conditionally approve the MDAQMD's reasonably available control 
technology (RACT) demonstrations for the 1997 8-hour ozone NAAQS and 
the 2008 8-hour ozone NAAQS (referred to as the 2006 and 2015 RACT 
SIPs) based on deficiencies in several rules. One of the rules noted 
was Rule 1161, which did not meet current RACT based on comparisons of 
NOX emission limits in ozone nonattainment areas located in 
other states deemed to meet or exceed RACT. The conditional approval, 
finalized on February 12, 2018 (83 FR 5921), was based on commitments 
from

[[Page 42423]]

the MDAQMD to revise and submit amendments to Rule 1161 that would meet 
current RACT. Revisions to Rule 1161, submitted to the EPA on May 23, 
2018, addressed this deficiency by establishing a more stringent 
NOX limit for Portland cement kilns. The EPA's technical 
support document (TSD) has more information about this rule.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rule?

    Rules in the SIP must be enforceable (see CAA section 110(a)(2)), 
must not interfere with applicable requirements concerning attainment 
and reasonable further progress or other CAA requirements (see CAA 
section 110(l)), and must not modify certain SIP control requirements 
in nonattainment areas without ensuring equivalent or greater emissions 
reductions (see CAA section 193).
    Generally, ozone nonattainment areas classified as Moderate or 
above (see CAA sections 182(b)(2) and 182(f)) are required to submit 
SIP revisions containing rules requiring RACT for each major source of 
NOX. The MDAQMD regulates an ozone nonattainment area 
classified as Severe-15 for the 2008 8-hr ozone NAAQS (40 CFR 81.305). 
Therefore, in order for the MDAQMD to fulfill the commitments in its 
2006 and 2015 RACT SIP conditional approval commitment letter, this 
proposed rule must implement RACT.
    Guidance and policy documents that we used to evaluate 
enforceability, revision/relaxation, and rule stringency requirements 
for the applicable criteria pollutant include the following:
    1. ``State Implementation Plans; General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57 
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
    2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11, 
1990).
    3. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    4. ``State Implementation Plans; Nitrogen Oxides Supplement to the 
General Preamble; Clean Air Act Amendments of 1990 Implementation of 
Title I; Proposed Rule,'' (the NOX Supplement), 57 FR 55620, 
November 25, 1992.
    5. ``NOX Emissions from Cement Manufacturing,'' EPA-453/
R-94-004, March 1994.
    6. ``NOX Control Technologies for the Cement Industry: 
Final Report,'' EPA 457/R-00-002, September 2000.
    7. The Texas Commission on Environmental Quality in Section 
117.3110--Cement Kilns, Emissions Specifications, May 23, 2007.
    8. State Implementation Plans: Response to Petition for Rulemaking; 
Restatement and Update of EPA's SSM Policy Applicable to SIPs; Findings 
of Substantial Inadequacy; and SIP Calls to Amend Provisions Applying 
to Excess Emissions During Periods of Startup, Shutdown and 
Malfunction,'' 80 FR 33839, June 12, 2015.
    9. ``Guidance Memorandum: Withdrawal of the October 9, 2020, 
Memorandum Addressing Startup, Shutdown, and Malfunctions in State 
Implementation Plans and Implementation of the Prior Policy,'' 
September 30, 2021.

B. Does the rule meet the evaluation criteria?

    This proposed rule meets CAA requirements and is consistent with 
relevant guidance regarding enforceability, RACT, and SIP revisions. We 
find that the District has fulfilled the requirements in its commitment 
letter for the 2006 and 2015 RACT SIP conditional approval (83 FR 5921, 
February 12, 2018) to revise the rule by lowering the NOX 
emission limits for Portland cement kilns in order to meet current 
RACT. NOX emission limits during all periods not labeled 
Startup and Shutdown for Preheater-Precalciner Kilns are reduced from 
6.4 to 2.8 pounds per ton of clinker produced when averaged over any 30 
consecutive day period, increasing the stringency of the rule. 
Additionally, provisions clearly laid out in Sections (F), (I), and (J) 
of the rule establish applicability criteria, monitoring, 
recordkeeping, and reporting that can be consistently evaluated to 
determine compliance. Startup and shutdown emissions limits (e.g., 
17,616 pounds of NOX per day for Preheater-Precalciner Kilns 
manufactured by Allis Chalmers, whose construction was completed in 
1982), duration time limits (i.e., 36 hours), and recordkeeping 
requirements are found in Rule 1161. These and other alternative 
emission limitations (AEL) provisions, consistent with our 2015 SSM 
Policy (80 FR 33839, June 12, 2015), are found in Sections (C) and (F). 
Finally, the retention of all produced and maintained on-site records 
increased from two years to five years, further enhancing the 
stringency of the rule. The TSD has more information on our evaluation.

C. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to 
fully approve the submitted proposed rule because it fulfills all 
relevant requirements. We will accept comments from the public on this 
proposal until August 15, 2022. If we take final action to approve the 
submitted proposed rule, our final action will incorporate this rule 
into the federally enforceable SIP.

III. Incorporation by Reference

    In this proposed rule, the EPA is proposing to include in a final 
EPA rule regulatory text that includes incorporation by reference. In 
accordance with requirements of 1 CFR 51.5, the EPA is proposing to 
incorporate by reference MDAQMD Rule 1161, which regulates 
NOX emission limits for Portland cement kilns, as listed in 
Table 1 of this preamble. The EPA has made, and will continue to make, 
these materials available through https://www.regulations.gov and at 
the EPA Region IX Office (please contact the person identified in the 
FOR FURTHER INFORMATION CONTACT section of this preamble for more 
information).

IV. Statutory and Executive Order Reviews

    Under the Clean Air 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, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this proposed action merely proposes to approve state law 
as meeting Federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     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 42424]]

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; and
     Does not provide the EPA with the discretionary authority 
to address disproportionate human health or environmental effects with 
practical, appropriate, 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 the 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, Incorporation by 
reference, Nitrogen oxides, Ozone, Reporting and recordkeeping 
requirements.

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

    Dated: July 10, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2022-15130 Filed 7-14-22; 8:45 am]
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