[Federal Register Volume 82, Number 183 (Friday, September 22, 2017)]
[Rules and Regulations]
[Pages 44320-44322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20131]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2015-0496; FRL-9967-53-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: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is conditionally 
approving 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 fully approving 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 approving NOX RACT negative declarations (a finding 
that there are no major sources of NOX emissions 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: This rule will be effective on October 23, 2017.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2015-0496. All documents in the docket are 
listed on the www.regulations.gov Web site. Although listed in the 
index, some information is not publicly available, e.g., Confidential 
Business Information or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Air Planning Section (6MM-AA), 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.

FOR FURTHER INFORMATION CONTACT: Mr. Alan Shar (6MM-AA), telephone 
(214) 665-2164, email [email protected].

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

Outline

I. Background
II. Public Comments
III. Response to Comments
IV. Final Actions
V. Statutory and Executive Order Reviews

I. Background

    The background for this action is discussed in detail in the July 
19, 2017 (82 FR 33026) proposal. In that document, the EPA proposed to 
conditionally approve revisions to the Texas SIP that the TCEQ 
submitted to EPA in its Appendix F (a component of the 2008 8-Hour DFW 
ozone nonattainment area plan) of the July 10, 2015 DFW SIP submittal. 
The July 19, 2017 Federal Register (FR) action proposed to 
conditionally approve revisions to the Texas SIP addressing 
NOX RACT for the Martin Marietta (MM) cement manufacturing 
plant in Ellis County. See section 110(k)(4) of the Clean Air Act (CAA, 
Act), and section II.F of the Proposal.
    We proposed to fully 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. See section II.B of the 
Proposal.
    We also proposed to approve NOX RACT negative 
declarations for the nitric acid and adipic acid manufacturing 
operations within the ten County DFW 2008 8-Hour ozone nonattainment 
area. See section II.C of the Proposal.
    The Proposal and the Technical Support Document (TSD) prepared in 
conjunction with that FR action provide detailed description and the 
rationale for the proposed decisions. Please see the docket ID No. EPA-
R06-OAR-2015-0496 for the TSD and other documents regarding the 
Proposal.

II. Public Comments

    The public comment period for the July 19, 2017 (82 FR 33026) 
proposal expired on August 19, 2017, and we received relevant comments 
from Holcim, TCEQ, and Ash Grove on the proposed actions during this 
period. Our response to relevant comments received during public 
comment period is below.

III. Response to Comments

    Comment #1: Holcim supported EPA's action on the Proposal.
    Response: We appreciate the support.
    Comment #2: TCEQ requested clarification on its SIP revision 
process addressing conditional approval for the MM cement manufacturing 
plant through a voluntary Agreed Order (AO) or rulemaking action.
    Response: State has the option of choosing what mechanism, for 
example; a voluntary AO or rulemaking action, to use when revising its 
SIP as long as a revision is made in conformance with section 110 of 
the Act and applicable State law. No change to our NOX RACT 
determination is made as a result of this comment.
    Comment #3: Ash Grove supported EPA's action, stating its 
NOX limit is driven by 40 CFR 60.62 (New Source Performance 
Standards--NSPS). The commenter contends that its air permit is not a 
part of a federally enforceable SIP submittal.
    Response: We appreciate the support. The NOX RACT 
emission limitation of 1.5 lb/ton of clinker produced is required per 
40 CFR 60.62(a) or NSPS subpart F that is consistent with limits 
established in Ash Grove's consent decree. We agree with the comment 
that its air permit was not a component of TCEQ SIP submittal; however, 
inclusion of air permit in record was intended to create a thorough and 
complete docket. No change to our NOX RACT determination for 
this plant is made as a result of this comment.
    This concludes our response to comments received. Based on our 
evaluation and responses, no changes to the Proposed NOX 
RACT determinations have been made. Therefore, we are

[[Page 44321]]

finalizing the 82 FR 33026 proposal as published on July 19, 2017.

IV. Final Actions

    We are conditionally approving NOX RACT for the MM 
cement manufacturing plant in Ellis County, Texas. We are fully 
approving 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 approving NOX RACT negative 
declarations for the nitric acid and adipic acid manufacturing 
operations within the ten County DFW 2008 8-Hour ozone nonattainment 
area.
    The EPA had previously approved RACT for all affected 
NOX sources under the 1-Hour and the 1997 8-Hour ozone 
standards. Based on our approval of 30 TAC Chapter 117 rules for 
control of nitrogen compounds on April 13, 2016 (81 FR 21747), and the 
Proposed RACT action of July 19, 2017 (82 FR 33026), Texas is 
implementing RACT for all affected NOX sources in the ten 
County DFW area under the 2008 8-Hour ozone standard.

V. 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, Executive 
Order 13563: Improving Regulation and Regulatory Review and Executive 
Order 13771: Reducing Regulations and Controlling Regulatory Costs

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review. This action is not an Executive Order 13771 regulatory 
action because this action is not significant under Executive Order 
12866.

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.
    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 November 21, 2017. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposed 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).)

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

List of Subjects in 40 CFR Part 52

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

    Dated: September 12, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:


[[Page 44322]]


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

Subpart SS--Texas

0
2. In Sec.  52.2270(e) the table titled ``EPA approved nonregulatory 
provisions and quasi-regulatory measures in the Texas SIP'' is amended 
by adding three new entries at the end.
    The additions read as follows:


Sec.  52.2270  Identification of plan.

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    (e) * * *

              EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
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                                                               State
     Name of SIP provision        Applicable geographic     submittal/     EPA approval date       Comments
                                  or non-attainment area  effective date
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                                                  * * * * * * *
Conditional approval of NOX      Ellis County, TX.......        07/10/15  09/22/17, [Insert   TCEQ commitment
 RACT finding for the Martin                                               FR page number      letter of July
 Marietta (formerly Texas                                                  where document      29, 2016.
 Industries, Inc., or TXI)                                                 begins].
 cement manufacturing plant
 under the 2008 8-Hour ozone
 NAAQS.
NOX RACT finding under the 2008  Collin, Dallas, Denton,        07/10/15  09/22/17, [Insert   DFW as Moderate
 8-Hour ozone NAAQS.              Tarrant, Ellis,                          FR page number      and Serious.
                                  Johnson, Kaufman,                        where document
                                  Parker, Rockwall, and                    begins].
                                  Wise Counties, TX.
NOX RACT finding of negative     Collin, Dallas, Denton,        07/10/15  09/22/17, [Insert   DFW as Moderate
 declarations for nitric acid     Tarrant, Ellis,                          FR page number      and Serious.
 and adipic acid operations       Johnson, Kaufman,                        where document
 under the 2008 8-Hour ozone      Parker, Rockwall, and                    begins].
 NAAQS.                           Wise Counties, TX.
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[FR Doc. 2017-20131 Filed 9-21-17; 8:45 am]
 BILLING CODE 6560-50-P