Approval and Promulgation of Implementation Plans; Texas; Control of Emission of Oxides of Nitrogen From Cement Kilns

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: July 30, 2003 (Volume 68, Number 146)]
[Rules and Regulations]
[Page 44631-44635]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jy03-9]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[TX-164-1-7602a; FRL-7536-8]

Approval and Promulgation of Implementation Plans; Texas; Control
of Emission of Oxides of Nitrogen From Cement Kilns

AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The EPA is taking direct final action on revisions to the
Texas State Implementation Plan (SIP). These revisions concern Control
of Air Pollution from Nitrogen Compounds, Cement Kilns. The EPA is
approving these SIP revisions for cement kilns as they will contribute
to attainment of the 1-hour ozone National Ambient Air quality
Standards (NAAQS). The EPA is approving emissions of Oxides of Nitrogen
(NO_X) for cement kilns in accordance with the requirements
of the Federal Clean Air Act (the Act).

DATES: This rule is effective on September 29, 2003 without further
notice, unless EPA receives adverse comment by August 29, 2003. If EPA
receives such comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that this rule will not take
effect.

ADDRESSES: Written comments on this action should be addressed to Mr.
Thomas H. Diggs, Chief, Air Planning Section (6PD-L), at the EPA Region
6 Office listed below. Electronic comments should be sent either to
Diggs.Thomas@epa.gov or to http://www.regulations.gov, which is an
alternative method for submitting electronic comments to EPA. To submit
comments, please follow the detailed instructions described in Final
Action part of this document. Copies of the Technical Support Document
(TSD) and other documents relevant to this action are available for
public inspection during normal business hours at the following
locations. Anyone wanting to examine these documents should make an
appointment with the appropriate office at least two working days in
advance.
Environmental Protection Agency, Region 6, Air Planning Section
(6PD-L), 1445 Ross Avenue, Dallas, Texas 75202-2733.
Texas Commission on Environmental Quality (TCEQ), Office of Air
Quality, 12124 Park 35 Circle, Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Mr. Alan Shar, Air Planning Section
(6PD-L), EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733,
telephone (214) 665-6691, and shar.alan@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

1. What Actions Are We Taking in This Document?
2. Why Are We Approving These SIP Revisions for Texas?
3. What Is NO_X?
4. What Is a SIP?
5. What Are the Existing NO_X Emissions Specifications in
the Texas SIP?
6. What Do These Rule Revisions for Cement Kilns That We Are
Approving Provide?
7. What Areas In Texas Will These Rules Affect?

[[Page 44632]]

8. General Information

Throughout this document ``we,'' ``us,'' and ``our'' means EPA.

1. What Actions Are We Taking in This Document?

On April 30, 2000, the Governor of Texas submitted to us rule
revisions to 30 TAC, Chapter 117, Control of Air Pollution From
Nitrogen Compounds concerning cement kilns operations (April 30, 2000
SIP submittal). The April 30, 2000 SIP submittal specifically addressed
revisions to the following sections of Chapter 117.

Table I.--Affected Sections of the Rule Under April 30, 2000 SIP
Submittal
------------------------------------------------------------------------
Section Title
------------------------------------------------------------------------
117.260........................... Cement Kiln Definitions.
117.261........................... Applicability.
117.265........................... Emissions Specifications.
117.273........................... Continuous Demonstration of
Compliance.
117.279........................... Notification, Recordkeeping, and
Reporting Requirements.
117.283........................... Source Cap.
117.524........................... Compliance Schedule for Cement
Kilns.
------------------------------------------------------------------------

In CEMEX USA (CEMEX) and TXI Operations, LP (TXI) v. TCEQ, Case No.
GN001480 (Travis Co. Dist. Ct. April 30, 2003), CEMEX and TXI
challenged the State for adopting the above revision to Chapter 117. As
a part of a negotiated settlement of the case, TCEQ issued a re-
proposal to revise 30 TAC, Chapter 117, on October 24, 2002. The
incorporation of the re-proposal into the SIP may result in better
compliance by the regulated community and thus more certainty that the
emission reductions will actually occur.
On December 9, 2002, EPA submitted comments to TCEQ concerning re-
proposed revisions to Chapter 117.
On April 2, 2003, TCEQ submitted a revised Chapter 117, Control of
Air Pollution from Nitrogen Compounds rule concerning cement kilns
operations as a revision to the SIP (April 2, 2003 SIP submittal). The
April 2, 2003 SIP submittal specifically addressed revisions to the
following sections of Chapter 117.

Table II.--Affected Sections of the Rule Under April 2, 2003 SIP
Submittal
------------------------------------------------------------------------
Section Title
------------------------------------------------------------------------
117.260........................... Cement Kiln Definitions.
117.265........................... Emissions Specifications.
117.279........................... Notification, Recordkeeping, and
Reporting Requirements.
117.283........................... Source Cap.
117.524........................... Compliance Schedule for Cement
Kilns.
117.570........................... Use of Credits for Compliance.
------------------------------------------------------------------------

See our TSD for additional details/information and our evaluation
of these submittals.

2. Why Are We Approving These SIP Revisions for Texas?

The April 30, 2000 and April 2, 2003 SIP submittals require the
affected sources to reduce their NO_X emissions from cement
kilns by at least thirty percent from the 1996 baseline emissions
levels. The April 30, 2000 and April 2, 2003 SIP submittals also offer
operational flexibility to the affected sources to comply with the
NO_X emissions limitations. We are approving these revisions
to the Texas SIP because they will contribute to attainment of the 1-
hour ozone NAAQS, and as a measure to strengthen the SIP. We are
approving these revisions to the Texas SIP as meeting the requirements
of the Act.

3. What Is NO_X?

Nitrogen oxides belong to the group of criteria air pollutants.
NO_X results from burning fuels, including gasoline and coal.
Nitrogen oxides react with volatile organic compounds (VOC) to form
ozone or smog and are also major components of acid rain.

4. What Is a SIP?

Section 110 of the Act requires States to develop air pollution
regulations and control strategies to ensure that State air quality
meets the NAAQS that EPA has established. Under section 109 of the Act,
EPA established the NAAQS to protect public health. The NAAQS address
six criteria pollutants. These criteria pollutants are: carbon
monoxide, nitrogen dioxide, ozone, lead, particulate matter, and sulfur
dioxide.
Each State must submit these regulations and control strategies to
us for approval and incorporation into the federally enforceable SIP.
Each federally approved SIP protects air quality primarily by
addressing air pollution at its point of origin. These SIPs can be
extensive, containing State regulations or other enforceable documents
and supporting information such as emission inventories, monitoring
networks, and modeling demonstrations.

5. What Are the Existing NO_X Emissions Specifications in the
Texas SIP?

Currently, Texas SIP contains no federally-approved requirements
for controlling NO_X emissions from cement kilns. By
approving the April 30, 2000 and April 2, 2003 SIP submittals we will
be strengthening the Texas SIP compliance for enforcement purposes.

6. What Do These Rule Revisions for Cement Kilns That We Are Approving
Provide?

These rule revisions require at least 30% reductions of
NO_X compared with the 1996 baseline emission inventory from
cement kilns operating in Bexar, Comal, Ellis, Hays, and McLennan
Counties (East and Central Texas). The following two tables contain a
summary of these SIP revisions for cement kilns in East and Central
Texas.

Table III.--Affected Sources, Locations, and NO_X Emissions
Specifications for Cement Kilns
------------------------------------------------------------------------
NO_X emission
Source County specification
------------------------------------------------------------------------
Long wet kiln................... Bexar, Comal, 6.0 lb NO_X/ton of
Hays, McLennan. clinker produced.
Long wet kiln................... Ellis............. 4.0 lb NO_X/ton of
clinker produced.
Long dry kiln................... Bexar, Comal, 5.1 lb NO_X/ton
Hays, McLennan, clinker of
Ellis. produced.
Preheater kiln.................. Bexar, Comal, 3.8 lb NO_X/ton of
Hays, McLennan, clinker produced.
Ellis.
Precalciner or preheater- Bexar, Comal, 2.8 lb NO_X/ton of
precalciner kiln. Hays, McLennan, clinker produced.
Ellis.
------------------------------------------------------------------------

[[Page 44633]]

Table IV.--Affected Sources and Their Compliance Schedules
------------------------------------------------------------------------
Source Compliance schedule
------------------------------------------------------------------------
Cement kilns in Ellis County............. May 1, 2003.
Cement kilns in Bexar, Comal, Hays, and May 1, 2005.
McLennan.
------------------------------------------------------------------------

These emissions specifications meet and are in agreement with those
found in our reference document EPA-453/R-94-004 for cement plants and
are comparable or more stringent than emission specifications for
cement kilns in a number of other federally approved State rules. See
our TSD for additional information. We are of the opinion that the
above listed compliance dates are practicable. We are approving the
NO_X emission specifications and compliance dates for cement
kilns as a part of the Texas 1-hour ozone SIP under part D of the Act
because the State is relying on these NO_X control measures
to demonstrate attainment of the 1-hour ozone standard in the Dallas/
Fort Worth area. We are also approving these rules under sections 110
and 116 of the Act because they contribute to continued maintenance of
the standard in the eastern half of the State of Texas strengthen the
existing Texas SIP.

7. What Areas in Texas Will These Rules Affect?

The following table contains a list of Counties affected by today's
rulemaking action.

Table V.--Affected Texas Counties by the Cement Kiln Provisions of
Chapter 117
------------------------------------------------------------------------
Rule/source Affected counties
------------------------------------------------------------------------
Chapter 117/Cement Kilns.................. Bexar, Comal, Ellis, Hays,
and McLennan.
------------------------------------------------------------------------

If you are in one of these Texas counties, you should refer to the
Chapter 117 rules to determine if and how today's action will affect
you.

Final Action

The EPA is publishing this rule without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the ``Proposed Rules'' section of today's Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if adverse comments
are received. This rule will be effective on September 29, 2003 without
further notice unless we receive adverse comment by August 29, 2003. If
EPA receives adverse comments, we will publish a timely withdrawal in
the Federal Register informing the public that the rule will not take
effect. We will address all public comments in a subsequent final rule
based on the proposed rule. We will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time.

8. General Information

How Can I Get Copies of This Document and Other Related Information?

A. The Regional Office has established an official public
rulemaking file available for inspection at the Regional Office. The
EPA has established an official public rulemaking file for this action
under TX-164-1-7602. The official public file consists of the documents
specifically referenced in this action, any public comments received,
and other information related to this action. Although a part of the
official docket, the public rulemaking file does not include
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. The official public rulemaking
file is the collection of materials that is available for public
viewing at the Air Planning Section, EPA Region 6, 1445 Ross Avenue,
Dallas, Texas 75202. The EPA requests that, if at all possible, you
contact the rulemaking contact listed as the Further Information
Contact to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30 excluding
Federal Holidays.
B. Copies of the State submittal and EPA's Technical Support
Document (TSD) are also available for public inspection during normal
business hours, by appointment at the State Air Agency. TCEQ, Office of
Air Quality, 12124 Park 35 Circle, Austin, Texas 78753.
C. Electronic Access. You may access this Federal Register document
electronically through the Regulations.gov web site located at http://
www.regulations.gov where you can find, review, and submit
comments on Federal rules that have been published in the Federal
Register, the Government's legal newspaper, and are open for comment.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing at the EPA Regional Office,
as EPA receives them and without change, unless the comment contains
copyrighted material, CBI, or other information whose disclosure is
restricted by statute. When EPA identifies a comment containing
copyrighted material, EPA will provide a reference to that material in
the version of the comment that is placed in the official public
rulemaking file. The entire printed comment, including the copyrighted
material, will be available at the Regional Office for public
inspection.

How and To Whom Do I Submit Comments?

You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate rulemaking identification number, TX-164-1-7602, in the
subject line on the first page of your comment. Please ensure that your
comments are submitted within the specified comment period. Comments
received after the close of the comment period will be marked ``late.''
The EPA is not required to consider these late comments.
A. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. The EPA's policy is that
EPA will not edit your comment, and any identifying or contact
information provided in the body of a comment will be included as part
of the comment that is placed in the official public docket, and made
available in EPA's electronic public docket. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment.
i. Electronic Mail (e-mail). Comments may be sent by e-mail to Mr.
Alan Shar (shar.alan@epa.gov). The EPA's e-mail system is not an
``anonymous access'' system. If you send an e-mail comment directly
without going through Regulations.gov, EPA's e-mail system
automatically captures your e-mail address. E-mail addresses that are
automatically captured by EPA's e-mail system are included as part of
the

[[Page 44634]]

comment that is placed in the official public docket, and made
available in EPA's electronic public docket.
ii. Regulations.gov. Your use of Regulations.gov is an alternative
method of submitting electronic comments to EPA. Go directly to
Regulations.gov at http://www.regulations.gov, then select EPA at the
top of the page and use the go button. The list of current EPA actions
available for comment will be listed. Please follow the online
instructions for submitting comments. The system is an ``anonymous
access'' system, which means EPA will not know your identity, e-mail
address, or other contact information unless you provide it in the body
of your comment.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in Section B, directly
below. These electronic submissions will be accepted in WordPerfect,
Word, or ASCII file format. Avoid the use of special characters and any
form of encryption.
B. By Mail. Send your comments to: Mr. Thomas Diggs, Chief, Air
Planning Section (6PD-L), 1445 Ross Avenue, Dallas, Texas 75202-2733;
Attention: TX-164-1-7602.
C. By Hand Delivery or Courier. Deliver your comments to: Mr.
Thomas Diggs, Chief, Air Planning Section (6PD-L), 1445 Ross Avenue,
Dallas, Texas 75202-2733. Such deliveries are only accepted during the
Regional Office's normal hours of operation. The Regional Office's
official hours of business are Monday through Friday, 8:30 to 4:30
excluding Federal Holidays.

How Should I Submit CBI to the Agency?

Do not submit information that you consider to be CBI
electronically to EPA. You may claim information that you submit to EPA
as CBI by marking any part or all of that information as CBI (if you
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is CBI). Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the official public regional rulemaking file. If you submit the copy
that does not contain CBI on disk or CD ROM, mark the outside of the
disk or CD ROM clearly that it does not contain CBI. Information not
marked as CBI will be included in the public file and available for
public inspection without prior notice. If you have any questions about
CBI or the procedures for claiming CBI, please consult the person
identified in the FOR FURTHER INFORMATION CONTACT section.

Statutory and Executive Order Reviews

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it 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).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does 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, as specified in Executive Order 13132
(64 FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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 rule 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 September 29, 2003. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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, Intergovernmental
relations, Reporting and recordkeeping requirements, Volatile organic
compounds.

[[Page 44635]]

Dated: July 17, 2003.
Lawrence Starfield,
Acting Regional Administrator, Region 6.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

? 1. The authority citation for part 52 continues to read as follows:

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

Subpart SS--Texas

2. In Sec. 52.2270 the table in paragraph (c) is amended under
Chapter 117, Subchapter B, by adding a new entry heading as ``Division
4--Cement Kilns'', adding new individual entries for sections
``117.260, 117.261, 117.265, 117.273, 117.279, and 117.283'';
Subchapter E, by adding a new individual entry for section 117.524 and
revising the entry for section 117.570.

Sec. 52.2270 Identification of plan.

* * * * *
(c) * * *

EPA Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
State approval/
State citation Title/subject submittal date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
---------------------------------
Chapter 117 (Reg 7)--Control of Air Pollution From Nitrogen Compounds
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 117.223................. Source Cap........ 04/19/00.......... 03/16/01,66 FR (b)(1) Requires
15200. EPA's approval.
---------------------------------
Subchapter B--Division 4--Cement Kilns
----------------------------------------------------------------------------------------------------------------
Section 117.260................. Cement Kiln 04/30/00, 04/02/03 July 30, 2003 and
Definitions. [FR page number].
Section 117.261................. Applicability..... 04/30/00.......... July 30, 2003 and Also finalizes 65
[FR page number]. FR 64914.
Section 117.265................. Emission 04/30/00, 04/02/03 July 30, 2003 and
Specifications. [FR page number].
Section 117.273................. Continuous 04/30/00.......... July 30, 2003 and Also finalizes 65
Demonstration of [FR page number]. FR 64914
Compliance.
Section 117.279................. Notification, 04/30/00, 04/02/03 July 30, 2003 and
Recordkeeping, [FR page number].
and Reporting
Requirements.
Section 117.283................. Source Cap........ 04/30/00, 04/02/03 July 30, 2003 and
[FR page number].
* * * * * * *
---------------------------------
Subchapter E--Administrative Provisions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 117.524................. Compliance 04/30/00, 04/02/03 July 30, 2003 and
Schedule for [FR page number].
Cement Kilns.
* * * * * * *
Section 117.570................. Use of Emissions 04/02/03.......... July 30, 2003 and
Credits for [FR page number].
Compliance.
* * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 03-19279 Filed 7-29-03; 8:45 am]
BILLING CODE 6560-50-P

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Approval and Promulgation of Implementation Plans; Texas; Control of Emission of Oxides of Nitrogen From Cement Kilns

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