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 004117EN, 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 8hour 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 8hour 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 ACTrelated 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
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.................. DallasFort Worth EightHour Ozone Attainment Demonstration Control Requirements.
Section 117.3140.................. Continuous Demonstration of Compliance.
Section 117.3142.................. Emission Testing and Monitoring for EightHour 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 EPAapproved 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 EPAApproved Texas SIP Section No. Explanation 117.3123(f), and 117.3125.............. Not a part of EPAapproved 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 groundlevel 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, groundlevel ozone triggers a variety of health problems including aggravated asthma, reduced
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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 federallyenforceable 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 1hour 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 8hour 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 8hour 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 D3, and 40 CFR 81.39. For Ellis County, during the nonozone season (November 1 through endofFebruary 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 30day 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 8hour ozone SIP.
Table 5.NOX Control Requirements for Cement Kilns Under the 8Hour 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). 30day rolling average, source cap equation 117.3123(b), with the 20032005 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'' EPA453/R94004, and ``NOX Control Technologies for the Cement Industry'' Final Report, EPA Contract No. 68D98026, 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 8hour 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 schedulerelated information for cement kilns in Ellis County. See section 117.9320(c) for more information.
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Table 6.NOX Compliance Schedules for Cement Kilns in Ellis County Under Chapter 117 Source Compliance date Additional information Citation Cement KilnsEllis County......... Comply with testing, 8hour 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 8hour 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 8hour 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:

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. E815812 Filed 71008; 8:45 am]
BILLING CODE 656050P

FOR FURTHER INFORMATION CONTACT Mr. Alan Shar, Air Planning Section (6PDL), Environmental Protection Agency, Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 752022733, telephone (214) 6656691, fax (214) 6657263, email address shar.alan @epa.gov.