83 FR 56770 - Air Plan Approval; Texas; Reasonably Available Control Technology
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 220 (November 14, 2018)
Federal Register Volume 83, Issue 220 (November 14, 2018)
| Page Range | 56770-56773 | |
| FR Document | 2018-24658 |
[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)] [Proposed Rules] [Pages 56770-56773] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-24658] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2018-0675; FRL-9985-91-Region 6] Air Plan Approval; Texas; Reasonably Available Control Technology AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to convert its September 22, 2017 conditional approval of revisions to the Texas State Implementation Plan (SIP), addressing Oxides of Nitrogen (NOX ) Reasonably Available Control Technology (RACT) for the TXI Operations, LP (Texas Industries, Inc., TXI) cement manufacturing plant in Ellis County, to full approval. The August 21, 2018 SIP submittal satisfies Texas' commitment which was the basis for our conditional approval of NOX RACT for this plant. Final approval of this SIP submittal will convert our earlier conditional approval to full approval. We are taking this action in accordance with the Clean Air Act (CAA, the Act) requirements. [[Page 56771]] DATES: Comments must be received on or before December 14, 2018. ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR- 2018-0675 at http://www.regulations.gov or via email to [email protected]. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact Mr. Alan Shar, (214) 665- 6691, [email protected]. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. Docket: The index to the docket for this action is available electronically at www.regulations.gov and in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available at either location (e.g., CBI). FOR FURTHER INFORMATION CONTACT: Mr. Alan Shar (6MM-AA), (214) 665-6691, [email protected]. To inspect the hard copy materials, please schedule an appointment with Alan Shar. SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and ``our'' refer to EPA. Outline I. Background A. RACT and the RACT Requirements Relevant for This Action B. Conditional Approval II. Evaluation III. Proposed Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Background As a part of its July 10, 2015 Dallas Fort Worth (DFW) SIP submittal, TCEQ conducted RACT analyses to demonstrate that the RACT requirements for affected NOX sources in the DFW 2008 8-Hour Ozone nonattainment area have been satisfied, relying on the NOX RACT rules EPA had previously approved for the DFW area for its classification as Serious for the 1997 8-Hour Ozone standard. See March 27, 2015 (80 FR 16292), and 40 CFR 51.1112. The RACT analysis is contained in Appendix F of the TCEQ July 10, 2015 SIP submittal as a component of the DFW 2008 8-Hour Ozone attainment demonstration plan. On September 22, 2017, we conditionally approved NOX RACT for the TXI cement manufacturing plant in Ellis County, and fully approved NOX RACT for all other affected sources in the ten county DFW 2008 8-Hour Ozone nonattainment area. On August 21, 2018 TCEQ submitted a revision to Texas SIP addressing NOX RACT for the TXI cement manufacturing plant in Ellis County as a part of its DFW 2008 8-Hour Ozone National Ambient Air Quality Standards (NAAQS) SIP update. The August 21, 2018 SIP submittal contains both an Agreed Order (AO) concerning TXI and a SIP narrative for DFW NOX RACT. A. RACT and the RACT Requirements Relevant for This Action Section 172(c)(1) of the Clean Air Act (CAA, Act) requires that SIPs for nonattainment areas ``provide for the implementation of all reasonably available control measures as expeditiously as practicable (including such reductions in emissions from existing sources in the area as may be obtained through the adoption, at a minimum, of reasonably available control technology) and shall provide for attainment of the primary National Ambient Air Quality Standards (NAAQS).'' The EPA has defined RACT as the lowest emissions limitation that a particular source is capable of meeting by the application of control technology that is reasonably available, considering technological and economic feasibility.\1\ --------------------------------------------------------------------------- \1\ September 17, 1979 (44 FR 53761). --------------------------------------------------------------------------- Section 182(b)(2) of the Act requires states to submit a SIP revision and implement RACT for major stationary sources in moderate and above ozone nonattainment areas. For a Moderate, Serious, or Severe area, a major stationary source is one that emits, or has the potential to emit, 100, 50, or 25 tons per year (tpy) or more of VOCs or NOX , respectively.\2\ The DFW area was classified as Serious on December 20, 2010 (75 FR 79302). Ellis County is one of the ten Counties constituting the DFW 2008 8-Hour Ozone nonattainment area. Thus, per section 182(c) of the CAA, a major stationary source in the DFW area, is one which emits, or has the potential to emit, 50 tpy or more of VOCs or NOX . The TXI cement manufacturing plant in Ellis County is a major source of NOX , and subject to RACT. --------------------------------------------------------------------------- \2\ CAA sections 182(b), 182(c), and 182(d). --------------------------------------------------------------------------- The terms ``TXI Operations, LP'', ``TXI'', ``Martin Marietta'', and ``MM'' are used interchangeably in this action.\3\ --------------------------------------------------------------------------- \3\ Index of written testimony, Reference number W-1, August 21, 2018 SIP submission. --------------------------------------------------------------------------- The EPA provides states with guidance concerning what types of controls could constitute RACT for a given source category through the issuance of Control Technique Guidelines (CTG) and Alternative Control Techniques (ACT) documents.\4\ --------------------------------------------------------------------------- \4\ See http://www.epa.gov/airquality/ozonepollution/SIPToolkit/ctgs.html. --------------------------------------------------------------------------- B. Conditional Approval Under section 110(k)(4) of the Act, the Administrator may approve a plan revision based on a commitment of the State to adopt specific enforceable measures by a date certain, but not later than 1 year after the date of approval of the plan revision. Any such conditional approval shall be treated as a disapproval, if the State fails to comply with such commitment. The EPA conditionally approved NOX RACT for the TXI cement manufacturing plant in Ellis County on September 22, 2017 (82 FR 44320), with an effective date of October 23, 2017.\5\ The RACT determination action was based on the State's written commitment to EPA that through an AO or rulemaking action, between TCEQ and TXI, certain conditions of their air permit, concerning the NOX emission limitation of 1.95 lb/ton of clinker produced from kiln #5, would be incorporated into a forthcoming revision to the Texas SIP.\6\ This SIP revision was necessary so that the emission limit relied upon to implement NOX RACT would be part of the Texas SIP. The forthcoming revision to the Texas SIP was to be submitted to EPA no later than one year from the effective date of final conditional approval of the NOX RACT for kiln #5, or no later than October 23, 2018. See section 110(k)(4) of the CAA. --------------------------------------------------------------------------- \5\ EPA Docket No. EPA-R06-OAR-2015-0496 available at www.regulations.gov. \6\ July 29, 2016 letter at www.regulations.gov document ID No. EPA-R06-OAR-2015-0496-0035. --------------------------------------------------------------------------- The August 21, 2018 SIP submittal was provided to fulfil TCEQ's written commitment to EPA. RACT for the TXI [[Page 56772]] cement kiln #5 is fulfilled by an AO \7\ which is included in the SIP submittal and will become part of the SIP, if EPA finalizes this proposed approval. The scope of this rulemaking action is strictly limited to evaluating the SIP revision, including the AO, and whether it meets the requirements of the conditional approval. The AO includes incorporation of certain TXI's New Source Review (NSR) SIP permit conditions (Specific Conditions 3.A(1)-(3) of NSR Permit 1360A(PSDTX632M1)) such that the AO stands on its own and insures the necessary requirements will become a part of the Texas SIP. No further RACT review or determination is being conducted here. Comments concerning the area's ozone attainment demonstration plan, or review of NOX RACT are beyond the scope of this rulemaking action. --------------------------------------------------------------------------- \7\ TCEQ Docket No. 2017-1648-SIP, Agreed Order. --------------------------------------------------------------------------- II. Evaluation As a part of our July 19, 2017 proposal (82 FR 33026) and September 22, 2017 final (82 FR 44320) rulemaking actions we, among other things, determined the NOX emission limitations and control requirements in Appendix F meet RACT for each cement manufacturing plant in Ellis County, including the TXI cement manufacturing plant in Ellis County.\8\ --------------------------------------------------------------------------- \8\ Technical Support Document (TSD) ID No. EPA-R06-OAR-2015- 0496-0036 at www.regulations.gov. --------------------------------------------------------------------------- As a part of our RACT determination at 82 FR 44320, we found that emission limitations and control requirements for the TXI plant contained in certain terms of TXI's air permit, including the NOX emission limitation of 1.95 lb/ton of clinker are consistent with our guidance and ACT documents, and meet the lowest emission limitation through application of control techniques that are reasonably available considering technological and economic feasibility. The air permit, however, is not part of the SIP. Therefore, our approval was conditioned on certain terms of the permit being approved by EPA as a source-specific SIP revision. TCEQ committed to address the referenced terms of TXI's air permit through rule revision or an AO in a SIP revision, and submit that SIP to the EPA as a revision to its NOX RACT SIP no later than October 23, 2018. See section 110(k)(4) of the Act (conditional approval). As stated above, the August 21, 2018 SIP submittal satisfies that commitment. The August 21, 2018 SIP submittal consists of an AO which states that the kiln #5 NOX CEMS is subject to the provisions in 30 TAC section 117.3140(b), 40 CFR 60.13, 40 CFR 60 Appendix B, Performance Specification 2, and is subject to audits in accordance with section 5.1 of Appendix F Quality Assurance Procedures.\9\ --------------------------------------------------------------------------- \9\ Part I, stipulation 16 of the Agreed Order. --------------------------------------------------------------------------- The kiln #5 stack exhaust flow rate is subject under the AO to 30 TAC section 117.3142(a)(2), which requires monitoring with a flow meter subject to 40 CFR part 60 Appendix B, Performance Specification 6 or 40 CFR part 75 Appendix A.\10\ --------------------------------------------------------------------------- \10\ Id. --------------------------------------------------------------------------- Pursuant to the AO, the TXI must monitor and record clinker production rates, in tons per hour, tons per day, daily summed on a 30- day rolling basis, and monthly summed on a 12-month rolling basis. Hourly and daily clinker production rates may be based on the previous month's feed-to-clinker ratio multiplied by the measured hourly/daily kiln feed rate, as specified in 40 CFR 60 subpart F section 60.63(b). Records in units of lb NOX /ton of clinker produced are maintained on a 30-day rolling average basis.\11\ --------------------------------------------------------------------------- \11\ Id. --------------------------------------------------------------------------- The AO also requires that the NOX emission limit is 1.95 lb NOX /ton of clinker for kiln #5, on a 30-day rolling average basis. Furthermore, this limit of 1.95 lb NOX per ton of clinker cannot be revised to be less stringent without an approved revised RACT determination in accordance with the State and Federal requirements for SIP revisions.\12\ --------------------------------------------------------------------------- \12\ Part I, Item #19 of Agreed Order. --------------------------------------------------------------------------- The AO states that the Company shall make records available upon request by the TCEQ or any other air pollution control agency with jurisdiction over the Company.\13\ --------------------------------------------------------------------------- \13\ Part II, Item #3 of Agreed Order. --------------------------------------------------------------------------- In addition, Special Conditions outlined in Part II, Item #2, subparagraphs 1, 2, and 3 of the AO shall be incorporated in Company's NSR permit 1360A (PSDTX632M1) as they concern the NOX RACT limit, averaging periods, and NOX CEMS provisions for kiln #5, respectively. These provisions will provide for consistency between the TCEQ air permit and the federally enforceable NOX RACT SIP requirements for kiln #5. The AO has gone through public notice and comment at the State level, and it adopts specific enforceable measures in conformance with section 110(k)(4) of the Act. We find that the submitted AO meets the conditions for full approval and includes all the required provisions to meet the NOX RACT requirements that EPA approved in the September 22, 2017 final action. III. Proposed Action We are proposing to find TCEQ's August 21, 2018 SIP submittal satisfies its obligation under the September 22, 2017 (82 FR 44320) conditional approval, and to convert the September 22, 2017 (82 FR 44320) rulemaking to full approval. We are proposing to approve the August 21, 2018 SIP submittal, including approval of the AO as a source-specific NOX RACT revision to the SIP. IV. Incorporation by Reference In this action, we are proposing to include in a final rule regulatory text that includes incorporation by reference. In accordance with the requirements of 1 CFR 51.5, we are proposing to incorporate by reference revisions to Texas' regulations, as described in the Proposed Action section above. The EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and in hard copy at the EPA Region 6 office. V. Statutory and Executive Order Reviews Under the 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 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) and 13563 (76 FR 3821, January 21, 2011); Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described [[Page 56773]] 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 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, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the proposed rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Hydrocarbons, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: November 5, 2018. Anne Idsal, Regional Administrator, Region 6. [FR Doc. 2018-24658 Filed 11-13-18; 8:45 am] BILLING CODE 6560-50-P
![56770 Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Proposed Rules
would prohibit entry within a portion of List of Subjects in 33 CFR Part 165 directions given to them by the COTP or
the Washington Channel. Normally such Harbors, Marine safety, Navigation the COTP’s designated representative.
actions are categorically excluded from (water), Reporting and recordkeeping (d) Enforcement officials. The U.S.
further review under paragraph L60(a) requirements, Security measures, Coast Guard may be assisted in the
of Appendix A, Table 1 of DHS Waterways. patrol and enforcement of the safety
Instruction Manual 023–01–001–01, For the reasons discussed in the zone by Federal, State, and local
Rev. 01. A preliminary Record of preamble, the Coast Guard proposes to agencies.
Environmental Consideration amend 33 CFR part 165 as follows: (e) Enforcement. This safety zone will
supporting this determination is be enforced January 12, 2019, through
available in the docket where indicated PART 165—REGULATED NAVIGATION December 31, 2019, from 7 p.m. to 11:59
under ADDRESSES. We seek any AREAS AND LIMITED ACCESS AREAS p.m. each day that a barge with a
comments or information that may lead ‘‘FIREWORKS—DANGER—STAY
to the discovery of a significant ■ 1. The authority citation for part 165 AWAY’’ sign on the port and starboard
environmental impact from this continues to read as follows: sides is on-scene or a ‘‘FIREWORKS—
proposed rule. Authority: 33 U.S.C. 1231; 50 U.S.C. 191, DANGER—STAY AWAY’’ sign is
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; posted on land adjacent to the shoreline,
G. Protest Activities
and; Department of Homeland Security near the location described in paragraph
The Coast Guard respects the First Delegation No. 0170.1. (a) of this section. The enforcement
Amendment rights of protesters. ■ 2. Add § 165.T05–1011 to read as times of this section are subject to
Protesters are asked to contact the follows: change, but the duration of each
person listed in the FOR FURTHER enforcement of the zone is expected to
INFORMATION CONTACT section to § 165.T05–1011 Safety Zone for Fireworks be 5 hours or less. Prior to enforcement,
coordinate protest activities so that your Displays, Upper Potomac River, the COTP will provide notice by
Washington Channel, Washington, DC.
message can be received without publishing a Notice of Enforcement in
jeopardizing the safety or security of (a) Location. The following area is a the Federal Register, as well as issuing
people, places, or vessels. safety zone: All navigable waters of the a Broadcast Notice to Mariners.
Washington Channel within 200 feet of
V. Public Participation and Request for the fireworks barge which will be Dated: November 7, 2018.
Comments located within an area bounded on the Joseph B. Loring,
south by latitude 38°52′30″ W, and Captain, U.S. Coast Guard, Captain of the
We view public participation as Port Maryland-National Capital Region.
essential to effective rulemaking, and bounded on the north by the southern
extent of the Francis Case (I–395) [FR Doc. 2018–24773 Filed 11–13–18; 8:45 am]
will consider all comments and material
received during the comment period. Memorial Bridge, located at BILLING CODE 9110–04–P
Your comment can help shape the Washington, DC. All coordinates refer to
outcome of this rulemaking. If you datum NAD 1983.
submit a comment, please include the (b) Definitions. As used in this
section: ENVIRONMENTAL PROTECTION
docket number for this rulemaking, AGENCY
indicate the specific section of this (1) Captain of the Port (COTP) means
document to which each comment the Commander, U.S. Coast Guard
40 CFR Part 52
applies, and provide a reason for each Sector Maryland-National Capital
suggestion or recommendation. Region.
[EPA–R06–OAR–2018–0675; FRL–9985–91–
(2) Designated representative means Region 6]
We encourage you to submit any Coast Guard commissioned,
comments through the Federal warrant, or petty officer who has been
eRulemaking Portal at http:// Air Plan Approval; Texas; Reasonably
authorized by the Captain of the Port Available Control Technology
www.regulations.gov. If your material Maryland-National Capital Region to
cannot be submitted using http:// assist in enforcing the safety zone AGENCY: Environmental Protection
www.regulations.gov, contact the person described in paragraph (a) of this Agency (EPA).
in the FOR FURTHER INFORMATION section. ACTION: Proposed rule.
CONTACT section of this document for (c) Regulations. (1) Under the general
alternate instructions. safety zone regulations in subpart C of SUMMARY: The Environmental Protection
We accept anonymous comments. All this part, you may not enter the safety Agency (EPA) is proposing to convert its
comments received will be posted zone described in paragraph (a) of this September 22, 2017 conditional
without change to http:// section unless authorized by the COTP approval of revisions to the Texas State
www.regulations.gov and will include or the COTP’s designated representative. Implementation Plan (SIP), addressing
any personal information you have All vessels underway within this safety Oxides of Nitrogen (NOX) Reasonably
provided. For more about privacy and zone at the time it is activated are to Available Control Technology (RACT)
the docket, visit http:// depart the zone. for the TXI Operations, LP (Texas
www.regulations.gov/privacyNotice. (2) To seek permission to enter, Industries, Inc., TXI) cement
Documents mentioned in this NPRM contact the COTP or the COTP’s manufacturing plant in Ellis County, to
as being available in the docket, and all designated representative by telephone full approval. The August 21, 2018 SIP
public comments, will be in our online at 410–576–2693 or on Marine Band submittal satisfies Texas’ commitment
docket at http://www.regulations.gov Radio VHF–FM channel 16 (156.8 which was the basis for our conditional
and can be viewed by following that MHz). The Coast Guard vessels approval of NOX RACT for this plant.
website’s instructions. Additionally, if enforcing this section can be contacted Final approval of this SIP submittal will
you go to the online docket and sign up on Marine Band Radio VHF–FM convert our earlier conditional approval
for email alerts, you will be notified channel 16 (156.8 MHz). to full approval. We are taking this
when comments are posted or a final (3) Those in the safety zone must action in accordance with the Clean Air
rule is published. comply with all lawful orders or Act (CAA, the Act) requirements.
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![Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Proposed Rules 56773
in the Unfunded Mandates Reform Act portions of State Implementation Plan multiple changes to its air quality rules,
of 1995 (Pub. L. 104–4); (SIP) revisions provided by the State of under subchapter 15A NCAC 2D,
• Does not have Federalism North Carolina through the North specifically at Section .1404,
implications as specified in Executive Carolina Division of Air Quality ‘‘Recordkeeping: Reporting:
Order 13132 (64 FR 43255, August 10, (NCDAQ) in letters dated June 5, 2017, Monitoring,’’ Section .0542, ‘‘Control of
1999); and August 22, 2017. The submissions Particulate Emissions from Cotton
• Is not an economically significant revise several regulations concerning Ginning Operations,’’ Section .0606,
regulatory action based on health or nitrogen oxides, emission control ‘‘Sources Covered by Appendix P of 40
safety risks subject to Executive Order standards, monitoring, and reporting CFR part 51,’’ and Section .0608, ‘‘Other
13045 (62 FR 19885, April 23, 1997); requirements. EPA is proposing to Large Coal or Residue Oil Burners.’’
• Is not a significant regulatory action approve these provisions of the SIP EPA is not taking action on Section
subject to Executive Order 13211 (66 FR revisions because these changes are .0535, ‘‘Excess Emissions Reporting and
28355, May 22, 2001); consistent with the Clean Air Act (CAA Malfunctions’’ which is included in the
• Is not subject to requirements of or Act) and federal regulations. changes in the August 22, 2017 SIP
section 12(d) of the National revision. EPA will address revisions to
DATES: Comments must be received on
Technology Transfer and Advancement Section .0535 in a separate action.
or before December 5, 2018.
Act of 1995 (15 U.S.C. 272 note) because
ADDRESSES: Submit your comments, II. Analysis of the State’s Submittals
application of those requirements would
be inconsistent with the Act; and identified by Docket ID No. EPA–R04–
OAR–2018–0419 at http:// A. June 5, 2017 SIP Submittal
• Does not provide EPA with the
discretionary authority to address, as www.regulations.gov. Follow the online The June 5, 2017 submission revises
appropriate, disproportionate human instructions for submitting comments. North Carolina’s nitrogen oxides (NOX)
health or environmental effects, using Once submitted, comments cannot be Rule Section .1404, ‘‘Recordkeeping:
practicable and legally permissible edited or removed from Regulations.gov. Reporting: Monitoring’’ through several
methods, under Executive Order 12898 EPA may publish any comment received iterations.2 The State previously
(59 FR 7629, February 16, 1994). to its public docket. Do not submit submitted the changes as four separate
In addition, the SIP is not approved electronically any information you submissions.3 North Carolina took these
to apply on any Indian reservation land consider to be Confidential Business rule changes to hearings on May 21,
or in any other area where EPA or an Information (CBI) or other information 2001, June 5, 2001, June 22, 2005, and
Indian tribe has demonstrated that a whose disclosure is restricted by statute. November 11, 2007. NCDAQ
tribe has jurisdiction. In those areas of Multimedia submissions (audio, video, subsequently withdrew and resubmitted
Indian country, the proposed rule does etc.) must be accompanied by a written these changes in a comprehensive
not have tribal implications and will not comment. The written comment is submission. The revision that became
impose substantial direct costs on tribal considered the official comment and state-effective on July 15, 2002, made
governments or preempt tribal law as should include discussion of all points minor and clarifying changes to
specified by Executive Order 13175 (65 you wish to make. EPA will generally subsections (a) ‘‘General requirements,’’
FR 67249, November 9, 2000). not consider comments or comment (b) ‘‘Submittal of information to show
contents located outside of the primary compliance status,’’ (c) ‘‘Excess
List of Subjects in 40 CFR Part 52 submission (i.e. on the web, cloud, or emissions reporting,’’ (d) ‘‘Continuous
Environmental protection, Air other file sharing system). For emissions monitors,’’ (f) ‘‘Missing data,’’
pollution control, Hydrocarbons, additional submission methods, the full (g) ‘‘Interim report for large sources,’’ (h)
Incorporation by reference, EPA public comment policy, ‘‘Recordkeeping and reporting
Intergovernmental relations, Reporting information about CBI or multimedia requirements for large sources,’’ and (i)
and recordkeeping requirements, submissions, and general guidance on ‘‘Averaging time for continuous
Volatile organic compounds. making effective comments, please visit emissions monitors.’’ Clarifying edits
Authority: 42 U.S.C. 7401 et seq. http://www2.epa.gov/dockets/ consisted of clarifying that records
commenting-epa-dockets.
Dated: November 5, 2018. 2 NO Rule section .1404 was originally
FOR FURTHER INFORMATION CONTACT: X
Anne Idsal, submitted to EPA as part of the State’s NOX Budget
Richard Wong, Air Regulatory and Allowance Trading Program in response to
Regional Administrator, Region 6.
Management Section, Air Planning and EPA’s regulation entitled ‘‘Finding of Significant
[FR Doc. 2018–24658 Filed 11–13–18; 8:45 am] Implementation Branch, Air, Pesticides Contribution and Rulemaking for Certain States in
BILLING CODE 6560–50–P and Toxics Management Division, U.S. the Ozone Transport Assessment Group Region for
Purposes of Reducing Regional Transport of
Environmental Protection Agency, Ozone,’’ otherwise known as the NOX SIP Call.
Region 4, 61 Forsyth Street SW, Atlanta, 3 The June 5, 2017, cover letter requested
ENVIRONMENTAL PROTECTION Georgia 30303–8960. The telephone withdrawal for submissions or portions of
AGENCY number is (404) 562–8726. Mr. Wong submissions dated August 14, 2002, October 14,
can also be reached via electronic mail 2004, March 24, 2006, and November 19, 2008, with
40 CFR Part 52 state effective dates July 15, 2002, May 1, 2004,
at wong.richard@epa.gov. November 1, 2005, and January 1, 2009,
[EPA–R04–OAR–2018–0419; FRL–9986–48– SUPPLEMENTARY INFORMATION: respectively. Through a separate rulemaking on
Region 4] May 9, 2013, EPA took final action on portions of
I. Background the October 14, 2004 submission approving some
Air Plan Approval; NC; Miscellaneous revisions, including those for section .1404, and
NCDAQ submitted SIP revisions conditionally approving other revisions. See 78 FR
Revisions
through letters dated June 5, 2017 and 27065. Additionally, the State previously submitted
AGENCY: Environmental Protection August 22, 2017 to EPA for review and a revision to Section .1404 on December 14, 2004,
Agency (EPA). approval into the North Carolina SIP.1 and EPA finalized the rulemaking approving that
revision on August 22, 2008 (73 FR 49613). Finally,
ACTION: Proposed rule. North Carolina’s SIP revisions include the State previously submitted a revision to Section
.1404 on December 27, 2002, and EPA finalized the
SUMMARY: The Environmental Protection 1 The SIP revisions were received by EPA on June rulemaking approving that revision on December
Agency (EPA) is proposing to approve 5, 2017 and September 6, 2017, respectively. 27, 2002. See 67 FR 78987.
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Document Created: 2018-11-14 03:31:12
Document Modified: 2018-11-14 03:31:12
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received on or before December 14, 2018. | |
| Contact | Mr. Alan Shar (6MM-AA), (214) 665-6691, [email protected] To inspect the hard copy materials, please schedule an appointment with Alan Shar. | |
| FR Citation | 83 FR 56770 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Hydrocarbons; Incorporation by Reference; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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