82 FR 44318 - Air Plan Approval; Delaware; Infrastructure Requirements for the 2012 Fine Particulate Matter Standard
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 183 (September 22, 2017)
Federal Register Volume 82, Issue 183 (September 22, 2017)
| Page Range | 44318-44320 | |
| FR Document | 2017-20163 |
[Federal Register Volume 82, Number 183 (Friday, September 22, 2017)] [Rules and Regulations] [Pages 44318-44320] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-20163] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2017-0152; FRL-9967-99-Region 3] Air Plan Approval; Delaware; Infrastructure Requirements for the 2012 Fine Particulate Matter Standard AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving portions of a state implementation plan (SIP) revision submittal from the State of Delaware pursuant to the Clean Air Act (CAA). Whenever new or revised national ambient air quality standards (NAAQS) are promulgated, the CAA requires states to submit a plan for the implementation, maintenance, and enforcement of such NAAQS. The plan is required to address basic program elements, including, but not limited to, regulatory structure, monitoring, modeling, legal authority, and adequate resources necessary to assure attainment and maintenance of the standards. These elements are referred to as infrastructure requirements. Delaware made a SIP submittal to address the infrastructure requirements for the 2012 fine particulate matter (PM2.5 ) NAAQS. This action approves portions of this submittal pursuant to section 110 of the CAA. EPA is not taking any action on the portion of the submittal that addresses interstate transport of emissions and intends to take separate action later. DATES: This final rule is effective on October 23, 2017. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2017-0152. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., confidential business information (CBI) 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 through http://www.regulations.gov, or please contact the person identified in the For Further Information Contact section for additional availability information. FOR FURTHER INFORMATION CONTACT: Gavin Huang, (215) 814-2042, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background On June 1, 2017 (82 FR 25211), EPA published a notice of proposed rulemaking (NPR) for the State of Delaware. In the NPR, EPA proposed approval of portions of Delaware's December 14, 2015 SIP revision which address for the 2012 PM2.5 NAAQS the following infrastructure elements of section 110(a)(2) of the CAA: (A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). EPA will take separate action, at a future date, on the remaining portion of the December 14, 2015 SIP revision that addresses requirements in section 110(a)(2)(D)(i)(I) (interstate transport of emissions) for the 2012 PM2.5 NAAQS. Additionally, the proposed rulemaking action did not include action on section 110(a)(2)(I) of the CAA which pertains to the nonattainment planning requirements of part D, title I of the CAA, because this element is not required to be submitted by the 3-year submission deadline of section 110(a)(1) of the CAA, and will be addressed in a separate process if necessary. Because the technical support document (TSD) was erroneously omitted from the docket for this rulemaking at the time EPA published the NPR on June 1, 2017 (82 FR 25211), EPA published a supplemental notice of proposed rulemaking (SNPR) extending the comment period on June 22, 2017 to allow further opportunity for public comment on our proposed approval of portions of Delaware's December 14, 2015 SIP revision addressing infrastructure requirements for the 2012 PM2.5 NAAQS. 82 FR 28432. II. Summary of SIP Revision and EPA Analysis EPA reviewed the December 14, 2015 SIP submittal from Delaware and determined that it addressed for the 2012 PM2.5 NAAQS the following infrastructure elements in section 110(a)(2): (A), (B), (C), (D)(i)(I), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M) of the CAA. A detailed summary of EPA's review and rationale for approving Delaware's submittal may be found in the TSD for this rulemaking action, which is available online at http://www.regulations.gov, Docket ID Number EPA-R03-OAR-2017-0152. Although Delaware's December 14, 2015 SIP submission also contained provisions to address section 110(a)(2)(D)(i)(I) of the CAA, EPA did not propose any action on the portion of the submittal pertaining to section 110(a)(2)(D)(i)(I) regarding the interstate transport of emissions. EPA intends to take later separate action on this portion of Delaware's submittal. Other specific requirements of Delaware's submittal for the 2012 PM2.5 NAAQS infrastructure requirements and the rationale for EPA's proposed action are explained in the NPR and will not be restated here. EPA received one comment which is addressed below. III. Public Comment and EPA's Response EPA received a comment in response to the June 1, 2017 NPR. The commenter noted that the TSD was not available online and requested a restart of the comment period. Additionally, the commenter expressed support for EPA and concerns about the removal of environmental regulations. Response: On June 22, 2017, EPA made the TSD available online at http://www.regulations.gov, Docket ID Number EPA-R03-OAR-2017-0152. In our June 22, 2017 SNPR, EPA subsequently extended the comment period. 82 FR 28432. While EPA appreciates the supportive comments and expression of concern for environmental regulations in general, these comments are not germane to this rulemaking and do not identify any specific actions or provisions that EPA should address differently. Therefore, EPA does not provide further response. IV. Final Action EPA is approving portions of Delaware's December 14, 2015 SIP revision that address the following elements of section 110(a)(2) of the CAA for the 2012 PM2.5 NAAQS: (A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). Delaware's SIP revision [[Page 44319]] addressing section 110(a)(2)(A-C), (D)(i)(II) and (D)(ii), (E-H), and (J-M) provides the basic program elements specified in section 110(a)(2) of the CAA necessary to implement, maintain, and enforce the 2012 PM2.5 NAAQS. EPA will take later separate action on the portion of the SIP revision addressing section 110(a)(2)(D)(i)(I) (interstate transport of emissions) for the 2012 PM2.5 NAAQS. This final rulemaking action does not include action on section 110(a)(2)(I) of the CAA which pertains to the nonattainment planning requirements of part D, title I of the CAA, because this element is not required to be submitted by the 3-year submission deadline of section 110(a)(1) of the CAA, and will be addressed in a separate process if necessary. V. Statutory and Executive Order Reviews A. General Requirements Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA 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 CAA. Accordingly, this action merely approves 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 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 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 CAA; 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. B. Submission to Congress and the Comptroller General 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 action 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). C. Petitions for Judicial Review Under section 307(b)(1) of the CAA, 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 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 to approve portions of Delaware's December 14, 2015 SIP revision for section 110(a)(2) infrastructure requirements for the 2012 PM 2.5 NAAQS 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, Incorporation by reference, Particulate matter, Reporting and recordkeeping requirements. Dated: September 8, 2017. Cecil Rodrigues, Acting Regional Administrator, Region III. 40 CFR part 52 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: Authority: 42 U.S.C. 7401 et seq. Subpart I--Delaware 0 2. In Sec. 52.420, the table in paragraph (e) is amended by adding an entry for ``Section 110(a)(2) Infrastructure Requirements for the 2012 PM2.5 NAAQS'' after the entry ``Infrastructure element 110(a)(2)(D)(i)(I) related to interstate transport.'' The added text reads as follows: Sec. 52.420 Identification of plan. * * * * * (e) * * * ---------------------------------------------------------------------------------------------------------------- Name of non-regulatory SIP Applicable State Additional revision geographic area submittal date EPA approval date explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * Section 110(a)(2) Infrastructure Statewide.......... 12/14/2015 9/22/2017, [Insert This action Requirements for the 2012 PM2.5 Federal Register addresses the NAAQS. citation]. following CAA elements: 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). [[Page 44320]] * * * * * * * ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2017-20163 Filed 9-21-17; 8:45 am] BILLING CODE 6560-50-P
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of the change in operating schedule for Number EPA–R03–OAR–2017–0152. All II. Summary of SIP Revision and EPA
the bridge so that vessel operators can documents in the docket are listed on Analysis
arrange their transits to minimize any the http://www.regulations.gov Web EPA reviewed the December 14, 2015
impact caused by the temporary site. Although listed in the index, some SIP submittal from Delaware and
deviation. information is not publicly available, determined that it addressed for the
In accordance with 33 CFR 117.35(e), e.g., confidential business information 2012 PM2.5 NAAQS the following
the drawbridge must return to its regular (CBI) or other information whose infrastructure elements in section
operating schedule immediately at the disclosure is restricted by statute. 110(a)(2): (A), (B), (C), (D)(i)(I), (D)(i)(II),
end of the effective period of this Certain other material, such as (D)(ii), (E), (F), (G), (H), (J), (K), (L), and
temporary deviation. This deviation copyrighted material, is not placed on (M) of the CAA. A detailed summary of
from the operating regulations is the Internet and will be publicly EPA’s review and rationale for
authorized under 33 CFR 117.35. available only in hard copy form. approving Delaware’s submittal may be
Dated: September 19, 2017. Publicly available docket materials are found in the TSD for this rulemaking
Carl T. Hausner, available through http:// action, which is available online at
District Bridge Chief, Eleventh Coast Guard www.regulations.gov, or please contact http://www.regulations.gov, Docket ID
District. the person identified in the FOR FURTHER Number EPA–R03–OAR–2017–0152.
[FR Doc. 2017–20273 Filed 9–21–17; 8:45 am] INFORMATION CONTACT section for Although Delaware’s December 14,
BILLING CODE 9110–04–P additional availability information. 2015 SIP submission also contained
provisions to address section
FOR FURTHER INFORMATION CONTACT: 110(a)(2)(D)(i)(I) of the CAA, EPA did
Gavin Huang, (215) 814–2042, or by not propose any action on the portion of
ENVIRONMENTAL PROTECTION
email at huang.gavin@epa.gov. the submittal pertaining to section
AGENCY
SUPPLEMENTARY INFORMATION: 110(a)(2)(D)(i)(I) regarding the interstate
40 CFR Part 52 transport of emissions. EPA intends to
I. Background take later separate action on this portion
[EPA–R03–OAR–2017–0152; FRL–9967–99–
Region 3] of Delaware’s submittal.
On June 1, 2017 (82 FR 25211), EPA
Other specific requirements of
published a notice of proposed
Air Plan Approval; Delaware; Delaware’s submittal for the 2012 PM2.5
rulemaking (NPR) for the State of NAAQS infrastructure requirements and
Infrastructure Requirements for the Delaware. In the NPR, EPA proposed
2012 Fine Particulate Matter Standard the rationale for EPA’s proposed action
approval of portions of Delaware’s are explained in the NPR and will not
AGENCY: Environmental Protection December 14, 2015 SIP revision which be restated here. EPA received one
Agency (EPA). address for the 2012 PM2.5 NAAQS the comment which is addressed below.
ACTION: Final rule. following infrastructure elements of
section 110(a)(2) of the CAA: (A), (B), III. Public Comment and EPA’s
SUMMARY: The Environmental Protection (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), Response
Agency (EPA) is approving portions of (K), (L), and (M). EPA will take separate EPA received a comment in response
a state implementation plan (SIP) action, at a future date, on the remaining to the June 1, 2017 NPR. The commenter
revision submittal from the State of portion of the December 14, 2015 SIP noted that the TSD was not available
Delaware pursuant to the Clean Air Act revision that addresses requirements in online and requested a restart of the
(CAA). Whenever new or revised section 110(a)(2)(D)(i)(I) (interstate comment period. Additionally, the
national ambient air quality standards transport of emissions) for the 2012 commenter expressed support for EPA
(NAAQS) are promulgated, the CAA and concerns about the removal of
PM2.5 NAAQS. Additionally, the
requires states to submit a plan for the environmental regulations.
proposed rulemaking action did not
implementation, maintenance, and Response: On June 22, 2017, EPA
include action on section 110(a)(2)(I) of
enforcement of such NAAQS. The plan made the TSD available online at http://
is required to address basic program the CAA which pertains to the
nonattainment planning requirements of www.regulations.gov, Docket ID Number
elements, including, but not limited to, EPA–R03–OAR–2017–0152. In our
regulatory structure, monitoring, part D, title I of the CAA, because this
element is not required to be submitted June 22, 2017 SNPR, EPA subsequently
modeling, legal authority, and adequate extended the comment period. 82 FR
resources necessary to assure attainment by the 3-year submission deadline of
section 110(a)(1) of the CAA, and will 28432. While EPA appreciates the
and maintenance of the standards. supportive comments and expression of
These elements are referred to as be addressed in a separate process if
necessary. concern for environmental regulations
infrastructure requirements. Delaware in general, these comments are not
made a SIP submittal to address the Because the technical support germane to this rulemaking and do not
infrastructure requirements for the 2012 document (TSD) was erroneously identify any specific actions or
fine particulate matter (PM2.5) NAAQS. omitted from the docket for this provisions that EPA should address
This action approves portions of this rulemaking at the time EPA published differently. Therefore, EPA does not
submittal pursuant to section 110 of the the NPR on June 1, 2017 (82 FR 25211), provide further response.
CAA. EPA is not taking any action on EPA published a supplemental notice of
the portion of the submittal that proposed rulemaking (SNPR) extending IV. Final Action
addresses interstate transport of the comment period on June 22, 2017 to EPA is approving portions of
emissions and intends to take separate allow further opportunity for public Delaware’s December 14, 2015 SIP
action later. comment on our proposed approval of revision that address the following
DATES: This final rule is effective on portions of Delaware’s December 14, elements of section 110(a)(2) of the CAA
October 23, 2017. 2015 SIP revision addressing for the 2012 PM2.5 NAAQS: (A), (B), (C),
ADDRESSES: EPA has established a infrastructure requirements for the 2012 (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K),
docket for this action under Docket ID PM2.5 NAAQS. 82 FR 28432. (L), and (M). Delaware’s SIP revision
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![Federal Register / Vol. 82, No. 183 / Friday, September 22, 2017 / Rules and Regulations 44319
addressing section 110(a)(2)(A–C), in the Unfunded Mandates Reform Act C. Petitions for Judicial Review
(D)(i)(II) and (D)(ii), (E–H), and (J–M) of 1995 (Pub. L. 104–4);
provides the basic program elements • does not have federalism Under section 307(b)(1) of the CAA,
specified in section 110(a)(2) of the CAA implications as specified in Executive petitions for judicial review of this
necessary to implement, maintain, and Order 13132 (64 FR 43255, August 10, action must be filed in the United States
enforce the 2012 PM2.5 NAAQS. EPA 1999); Court of Appeals for the appropriate
will take later separate action on the • is not an economically significant circuit by November 21, 2017. Filing a
portion of the SIP revision addressing regulatory action based on health or petition for reconsideration by the
section 110(a)(2)(D)(i)(I) (interstate safety risks subject to Executive Order Administrator of this final rule does not
transport of emissions) for the 2012 13045 (62 FR 19885, April 23, 1997); affect the finality of this action for the
PM2.5 NAAQS. This final rulemaking • is not a significant regulatory action purposes of judicial review nor does it
action does not include action on subject to Executive Order 13211 (66 FR extend the time within which a petition
section 110(a)(2)(I) of the CAA which 28355, May 22, 2001); for judicial review may be filed, and
pertains to the nonattainment planning • is not subject to requirements of shall not postpone the effectiveness of
requirements of part D, title I of the Section 12(d) of the National such rule or action. This action to
CAA, because this element is not Technology Transfer and Advancement approve portions of Delaware’s
required to be submitted by the 3-year Act of 1995 (15 U.S.C. 272 note) because December 14, 2015 SIP revision for
application of those requirements would section 110(a)(2) infrastructure
submission deadline of section 110(a)(1)
be inconsistent with the CAA; and requirements for the 2012 PM2.5 NAAQS
of the CAA, and will be addressed in a
• does not provide EPA with the may not be challenged later in
separate process if necessary. discretionary authority to address, as proceedings to enforce its requirements.
V. Statutory and Executive Order appropriate, disproportionate human (See section 307(b)(2).)
Reviews health or environmental effects, using
practicable and legally permissible List of Subjects in 40 CFR Part 52
A. General Requirements methods, under Executive Order 12898
(59 FR 7629, February 16, 1994). Environmental protection, Air
Under the CAA, the Administrator is
In addition, this rule does not have pollution control, Incorporation by
required to approve a SIP submission
tribal implications as specified by reference, Particulate matter, Reporting
that complies with the provisions of the
Executive Order 13175 (65 FR 67249, and recordkeeping requirements.
CAA and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a). November 9, 2000), because the SIP is Dated: September 8, 2017.
Thus, in reviewing SIP submissions, not approved to apply in Indian country Cecil Rodrigues,
EPA’s role is to approve state choices, located in the state, and EPA notes that Acting Regional Administrator, Region III.
provided that they meet the criteria of it will not impose substantial direct
the CAA. Accordingly, this action costs on tribal governments or preempt 40 CFR part 52 is amended as follows:
merely approves state law as meeting tribal law.
federal requirements and does not PART 52—APPROVAL AND
B. Submission to Congress and the
impose additional requirements beyond PROMULGATION OF
Comptroller General
those imposed by state law. For that IMPLEMENTATION PLANS
The Congressional Review Act, 5
reason, this action:
U.S.C. 801 et seq., as added by the Small 1. The authority citation for part 52
• Is not a ‘‘significant regulatory Business Regulatory Enforcement
■
action’’ subject to review by the Office continues to read as follows:
Fairness Act of 1996, generally provides
of Management and Budget under that before a rule may take effect, the Authority: 42 U.S.C. 7401 et seq.
Executive Orders 12866 (58 FR 51735, agency promulgating the rule must
October 4, 1993) and 13563 (76 FR 3821, submit a rule report, which includes a Subpart I—Delaware
January 21, 2011); copy of the rule, to each House of the
• does not impose an information Congress and to the Comptroller General ■ 2. In § 52.420, the table in paragraph
collection burden under the provisions of the United States. EPA will submit a (e) is amended by adding an entry for
of the Paperwork Reduction Act (44 report containing this action and other ‘‘Section 110(a)(2) Infrastructure
U.S.C. 3501 et seq.); required information to the U.S. Senate, Requirements for the 2012 PM2.5
• is certified as not having a the U.S. House of Representatives, and NAAQS’’ after the entry ‘‘Infrastructure
significant economic impact on a the Comptroller General of the United element 110(a)(2)(D)(i)(I) related to
substantial number of small entities States prior to publication of the rule in interstate transport.’’ The added text
under the Regulatory Flexibility Act (5 the Federal Register. A major rule reads as follows:
U.S.C. 601 et seq.); cannot take effect until 60 days after it § 52.420 Identification of plan.
• does not contain any unfunded is published in the Federal Register.
mandate or significantly or uniquely This action is not a ‘‘major rule’’ as * * * * *
affect small governments, as described defined by 5 U.S.C. 804(2). (e) * * *
Name of non-regulatory SIP State submittal
Applicable geographic area EPA approval date Additional explanation
revision date
* * * * * * *
Section 110(a)(2) Infrastruc- Statewide ............................... 12/14/2015 9/22/2017, [Insert Federal This action addresses the fol-
ture Requirements for the Register citation]. lowing CAA elements:
2012 PM2.5 NAAQS. 110(a)(2)(A), (B), (C),
(D)(i)(II), (D)(ii), (E), (F),
(G), (H), (J), (K), (L), and
(M).
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Name of non-regulatory SIP State submittal
Applicable geographic area EPA approval date Additional explanation
revision date
* * * * * * *
[FR Doc. 2017–20163 Filed 9–21–17; 8:45 am] materials are available either for the proposed decisions. Please see
BILLING CODE 6560–50–P electronically through the docket ID No. EPA–R06–OAR–
www.regulations.gov or in hard copy at 2015–0496 for the TSD and other
the Air Planning Section (6MM–AA), documents regarding the Proposal.
ENVIRONMENTAL PROTECTION Environmental Protection Agency, 1445
AGENCY II. Public Comments
Ross Avenue, Suite 700, Dallas, Texas
75202–2733. The file will be made The public comment period for the
40 CFR Part 52 available by appointment for public July 19, 2017 (82 FR 33026) proposal
[EPA–R06–OAR–2015–0496; FRL–9967–53– inspection in the Region 6 FOIA Review expired on August 19, 2017, and we
Region 6] Room between the hours of 8:30 a.m. received relevant comments from
and 4:30 p.m. weekdays except for legal Holcim, TCEQ, and Ash Grove on the
Approval and Promulgation of holidays. proposed actions during this period.
Implementation Plans; Texas; FOR FURTHER INFORMATION CONTACT: Mr. Our response to relevant comments
Reasonably Available Control Alan Shar (6MM–AA), telephone (214) received during public comment period
Technology for the 2008 8-Hour Ozone 665–2164, email shar.alan@epa.gov. is below.
National Ambient Air Quality Standard
SUPPLEMENTARY INFORMATION: III. Response to Comments
AGENCY: Environmental Protection Throughout this document ‘‘we,’’ ‘‘us,’’
Agency (EPA). and ‘‘our’’ refer to EPA. Comment #1: Holcim supported
EPA’s action on the Proposal.
ACTION: Final rule. Outline Response: We appreciate the support.
SUMMARY: The Environmental Protection I. Background Comment #2: TCEQ requested
Agency (EPA) is conditionally II. Public Comments clarification on its SIP revision process
approving revisions to the Texas State III. Response to Comments addressing conditional approval for the
Implementation Plan (SIP) addressing IV. Final Actions MM cement manufacturing plant
Oxides of Nitrogen (NOX) Reasonably V. Statutory and Executive Order Reviews through a voluntary Agreed Order (AO)
Available Control Technology (RACT) I. Background or rulemaking action.
for the Martin Marietta (formerly, Texas Response: State has the option of
The background for this action is
Industries, Inc., or TXI) cement choosing what mechanism, for example;
discussed in detail in the July 19, 2017
manufacturing plant in Ellis County. We a voluntary AO or rulemaking action, to
(82 FR 33026) proposal. In that
are fully approving revisions to the use when revising its SIP as long as a
document, the EPA proposed to
Texas SIP addressing NOX RACT for all revision is made in conformance with
conditionally approve revisions to the
other affected sources in the ten county section 110 of the Act and applicable
Texas SIP that the TCEQ submitted to
Dallas Fort Worth (DFW) 2008 8-Hour State law. No change to our NOX RACT
EPA in its Appendix F (a component of
ozone nonattainment area. We are also determination is made as a result of this
the 2008 8-Hour DFW ozone
approving NOX RACT negative comment.
nonattainment area plan) of the July 10,
declarations (a finding that there are no Comment #3: Ash Grove supported
2015 DFW SIP submittal. The July 19,
major sources of NOX emissions in EPA’s action, stating its NOX limit is
2017 Federal Register (FR) action
certain categories) for the DFW 2008 8- driven by 40 CFR 60.62 (New Source
proposed to conditionally approve
Hour ozone nonattainment area. The Performance Standards—NSPS). The
revisions to the Texas SIP addressing
DFW 2008 8-Hour ozone nonattainment commenter contends that its air permit
NOX RACT for the Martin Marietta
area consists of Collin, Dallas, Denton, is not a part of a federally enforceable
(MM) cement manufacturing plant in
Ellis, Johnson, Kaufman, Parker, SIP submittal.
Ellis County. See section 110(k)(4) of the
Rockwall, Tarrant, and Wise counties. Response: We appreciate the support.
Clean Air Act (CAA, Act), and section
The RACT requirements apply to major The NOX RACT emission limitation of
II.F of the Proposal.
sources of NOX in these ten counties. We proposed to fully approve 1.5 lb/ton of clinker produced is
DATES: This rule will be effective on revisions to the Texas SIP addressing required per 40 CFR 60.62(a) or NSPS
October 23, 2017. NOX RACT for all other affected sources subpart F that is consistent with limits
ADDRESSES: The EPA has established a in the ten county DFW 2008 8-Hour established in Ash Grove’s consent
docket for this action under Docket ID ozone nonattainment area. See section decree. We agree with the comment that
No. EPA–R06–OAR–2015–0496. All II.B of the Proposal. its air permit was not a component of
documents in the docket are listed on We also proposed to approve NOX TCEQ SIP submittal; however, inclusion
the www.regulations.gov Web site. RACT negative declarations for the of air permit in record was intended to
Although listed in the index, some nitric acid and adipic acid create a thorough and complete docket.
information is not publicly available, manufacturing operations within the ten No change to our NOX RACT
e.g., Confidential Business Information County DFW 2008 8-Hour ozone determination for this plant is made as
or other information whose disclosure is nonattainment area. See section II.C of a result of this comment.
restricted by statute. Certain other the Proposal. This concludes our response to
material, such as copyrighted material, The Proposal and the Technical comments received. Based on our
is not placed on the Internet and will be Support Document (TSD) prepared in evaluation and responses, no changes to
publicly available only in hard copy conjunction with that FR action provide the Proposed NOX RACT determinations
form. Publicly available docket detailed description and the rationale have been made. Therefore, we are
VerDate Sep<11>2014 16:02 Sep 21, 2017 Jkt 241001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\22SER1.SGM 22SER1](https://thefederalregister.org/doc/82_FR_44501/page/3.svg)
Document Created: 2017-09-22 01:52:18
Document Modified: 2017-09-22 01:52:18
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on October 23, 2017. | |
| Contact | Gavin Huang, (215) 814-2042, or by email at [email protected] | |
| FR Citation | 82 FR 44318 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Particulate Matter and Reporting and Recordkeeping Requirements |
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