[Federal Register Volume 73, Number 134 (Friday, July 11, 2008)]
[Proposed Rules]
[Pages 39911-39915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15812]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2007-1147; FRL-8690-4]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing approval of revisions to the Texas State 
Implementation Plan (SIP). The State of Texas submitted this SIP 
revision to the 30 TAC Chapter 117 to us on May 30, 2007 (May 30, 2007 
submittal) concerning control of emissions of NOX from 
cement kilns operating in Bexar, Comal, Ellis, Hays, and McLennan 
Counties of Texas. We are proposing to approve the cement kilns 
provisions of the May 30, 2007 submittal for cement kilns operating in 
these five Texas Counties. We are also proposing to approve the May 30, 
2007 submittal as meeting the Reasonably Available Control Technology 
(RACT) requirements for NOX emissions from cement kilns 
operating in the Dallas Fort Worth (D/FW) 8-hour ozone nonattainment 
area. The NOX emissions controls associated with this SIP 
revision will assist the D/FW area to attain the Federal 8-hour ozone 
National Ambient Air Quality Standards (NAAQS). We are proposing 
approval of this action as meeting sections 110 and 182 of the Federal 
Clean Air Act (the Act).

DATES: Comments must be received on or before August 11, 2008.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2007-1147, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     U.S. EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6coment.htm. Please click on ``6PD'' (Multimedia) and select 
``Air'' before submitting comments.
     E-mail: Mr. Guy Donaldson at [email protected]. Please 
also

[[Page 39912]]

send a copy by email to the person listed in the FOR FURTHER 
INFORMATION CONTACT section below.
     Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7263.
     Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, 
Dallas, Texas 75202-2733.
     Hand or Courier Delivery: Mr. Guy Donaldson, Chief, Air 
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross 
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are 
accepted only between the hours of 8 a.m. and 4 p.m. weekdays except 
for legal holidays. Special arrangements should be made for deliveries 
of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R06-OAR-
2007-1147. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or other information the 
disclosure of which is restricted by statute. Do not submit information 
through http://www.regulations.gov or e-mail that you consider to be 
CBI or otherwise protected from disclosure. The http://www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an e-mail comment 
directly to EPA without going through http://www.regulations.gov, your 
e-mail address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. 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. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://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 75202-
2733.
    The State submittal is also available for public inspection at the 
State Air Agency listed below during official business hours by 
appointment:
    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), 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.

I. General Information

What Should I Consider as I Prepare My Comments for EPA?

    A. Submitting CBI. Do not submit this information to EPA through 
http://www.regulations.gov or e-mail. Clearly mark the part or all of 
the information that you claim to be CBI. For CBI information in a disk 
or CD-ROM that you mail to EPA, 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 claimed as CBI. In addition to one 
complete version of the comment that includes 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 public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 Code of Federal Regulations (CFR) part 2.
    B. Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a CFR part or 
section number.
     Explain why you agree or disagree, suggest alternatives, 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.

II. Background

Table of Contents

1. What are we proposing to approve?
2. What sections of the May 30, 2007 submittal will become part of 
Texas SIP?
3. What sections of the May 30, 2007 submittal will not become a 
part of Texas SIP?
4. What Texas Counties will this rulemaking affect?
5. What are NOX?
6. What is Ozone and why do we regulate it?
7. What is a SIP?
8. What are the NOX control emissions requirements that 
we approved for Texas under the 1-hour ozone SIP?
9. What are the NOX control emissions requirements that 
we are proposing to approve for Texas under the 8-hour ozone SIP?
10. What is the proposed compliance schedule for cement kilns?

1. What are we proposing to approve?

    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, identified by TCEQ as rule project No. 2006-
004-117-EN, for cement kilns operating in Bexar, Comal, Ellis, Hays, 
and McLennan Counties. In this rulemaking, we are proposing to approve 
the NOX control requirements for cement kilns operating in 
these five Texas Counties. See sections 2, 3, 4, 8, and 9 of this 
document for more information. The NOX emissions

[[Page 39913]]

controls associated with this SIP revision will assist the D/FW area to 
attain the Federal 8-hour ozone NAAQS, and will enhance the Texas SIP. 
We are also proposing to approve the cement kilns provisions of the May 
30, 2007 submittal as meeting the RACT requirements for NOX 
emissions from cement kilns operating in the D/FW 8-hour ozone 
nonattainment area. By proposing to approve the cement kilns provisions 
of the May 30, 2007 submittal we are stating that Texas is meeting the 
NOX RACT requirements for cement kilns in the D/FW area.
    The 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. This requirement is 
established by 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. A State may choose to develop its 
own RACT requirements on a case by case basis, considering the economic 
and technical circumstances of an individual source. In addition, 
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 documents (ACTs) 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 Chapter 117 cement kilns provisions were last approved by EPA 
at 69 FR 15681 published on March 26, 2004.

2. 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 Texas proposed on May 30, 2007, for cement kilns to 
become part of the Texas SIP.

Table 1.--Section Numbers and Section Descriptors of 30 TAC, Chapter 117
                    Affected by the Cement Kilns Rule
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            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.

3. 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.

4. 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.
------------------------------------------------------------------------

5. What are NOX?

    Nitrogen oxides belong to the group of criteria air pollutants. 
NOX are produced 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. Also 
see http://www.epa.gov/air/urbanair/nox/.

6. What is ozone and why do we regulate it?

    Ozone is a gas composed of three oxygen atoms. Ground level ozone 
is generally not emitted directly from a vehicle's exhaust or an 
industrial smokestack, but is created by a chemical reaction between 
NOX and VOCs in the presence of sunlight and high ambient 
temperatures. Thus, ozone is known primarily as a summertime air 
pollutant. NOX and VOCs are precursors of ozone. Motor 
vehicle exhaust and industrial emissions, gasoline vapors, chemical 
solvents and natural sources emit NOX and VOCs. Urban areas 
tend to have high concentrations of ground-level ozone, but areas 
without significant industrial activity and with relatively low 
vehicular traffic are also subject to increased ozone levels because 
wind carries ozone and its precursors hundreds of miles from their 
sources.
    Repeated exposure to ozone pollution may cause lung damage. Even at 
very low concentrations, ground-level ozone triggers a variety of 
health problems including aggravated asthma, reduced

[[Page 39914]]

lung capacity, and increased susceptibility to respiratory illnesses 
like pneumonia and bronchitis. It can also have detrimental effects on 
plants and ecosystems.

7. What is a SIP?

    The SIP is a set of air pollution regulations, control strategies, 
other means or techniques and technical analyses developed by the 
state, to ensure that the state meets the NAAQS. The SIP is required by 
Section 110 and other provisions of the Act. These SIPs can be 
extensive, containing state regulations or other enforceable documents 
and supporting information such as emissions inventories, monitoring 
networks, and modeling demonstrations. Each state must submit these 
regulations and control strategies to EPA 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.

 8. 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 have included that Table in our TSD prepared for 
this rulemaking action.

 9. What are the NOX control emissions requirements that we 
are proposing to approve for Texas under the 8-hour ozone SIP?

    Under today's rulemaking action, the NOX control 
requirements that we approved on March 26, 2004 (69 FR 15681) for 
cement kilns operating in Texas Counties of Bexar, Comal, Hays, and 
McLennan still will continue to remain in effect.
    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 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 Tons Per Day (TPD) of actual NOX emissions, per 
site, on a 30-day rolling average basis. See equation 117.3123(b). The 
following Table 5 contains a summary list of NOX control 
requirements for cement kilns under the 8-hour ozone SIP.

                 Table 5.--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 clinker of  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 post 
combustion 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, and will enhance the Texas SIP. We 
contend that the above NOX control requirements for existing 
cement kilns in the D/FW area are more stringent than those found in 
our reference documents ``Alternative Control Techniques Document--
NOX Emissions from Cement Manufacturing'' EPA-453/R-94-004, 
and ``NOX Control Technologies for the Cement Industry'' 
Final Report, EPA Contract No. 68-D98-026, dated September 19, 2000, 
and are comparable to or more stringent than controls to be implemented 
in other parts of the country for RACT purposes. Therefore, we are 
proposing their approval into Texas SIP, and 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.

 10. What are the compliance schedules for NOX emissions 
from cement kilns that we are proposing to approve?

    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 them at 69 FR 15681. See Table IV of that document. We 
have included that Table in our TSD prepared for this rulemaking 
action.
    The following Table 6 contains summary of the NOX 
compliance schedule-related information for cement kilns in Ellis 
County. See section 117.9320(c) for more information.

[[Page 39915]]



              Table 6.--NOX Compliance Schedules for Cement Kilns in Ellis County Under Chapter 117
----------------------------------------------------------------------------------------------------------------
               Source                      Compliance date        Additional information         Citation
----------------------------------------------------------------------------------------------------------------
Cement Kilns--Ellis County.........  Comply with testing,         8-hour attainment       117.9320.
                                      monitoring, notification,    demonstration
                                      recordkeeping, and           requirement.
                                      reporting requirements as
                                      soon as practicable but no
                                      later than March 1, 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 proposing their 
approval into Texas SIP, and as meeting the RACT requirement for the D/
FW 8-hour ozone nonattainment area.

III. Proposed Action

    Today, we are proposing to approve revisions to the 30 TAC Chapter 
117 into Texas SIP. In this rulemaking we are proposing to approve 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 also proposing to approve the May 30, 2007 submittal as meeting 
the RACT requirements for NOX emissions from cement kilns 
operating in the D/FW 8-hour ozone nonattainment area. These 
NOX reductions will assist the D/FW area to attain the 8-
hour ozone NAAQS, and enhance the Texas SIP.

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, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air 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);
     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; 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, this rule 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.

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: July 1, 2008.
Richard E. Greene,
Regional Administrator, Region 6.
 [FR Doc. E8-15812 Filed 7-10-08; 8:45 am]
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