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[Federal Register Volume 76, Number 98 (Friday, May 20, 2011)]
[Proposed Rules]
[Pages 29180-29182]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12509]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0287; FRL-9309-2]

Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Control of Nitrogen Oxides Emissions From Portland Cement 
Kilns

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the Commonwealth of Pennsylvania. This revision 
pertains to the control of nitrogen oxide (NOX) emissions 
from Portland cement kilns. This action is being taken under the Clean 
Air Act (CAA).

DATES: Written comments must be received on or before June 20, 2011.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2011-0287 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. E-mail: fernandez.cristina@epa.gov.
    C. Mail: EPA-R03-OAR-2011-0287, Cristina Fernandez, Associate 
Director, Office of Air Program Planning, Mailcode 3AP30, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2011-0287. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact

[[Page 29181]]

you for clarification, EPA may not be able to consider your comment. 
Electronic files should avoid the use of special characters, any form 
of encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., 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 either electronically in http://www.regulations.gov or in hard copy during normal business hours at the 
Air Protection Division, U.S. Environmental Protection Agency, Region 
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the 
State submittal are available at the Pennsylvania Department of 
Environmental Protection, Bureau of Air Quality Control, P.O. Box 8468, 
400 Market Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by e-
mail at quinto.rose@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. On July 23, 2010, the 
Pennsylvania Department of Environmental Protection (PADEP) submitted a 
revision to its State Implementation Plan for the control of 
NOX from Portland cement kilns.

I. Background

    The SIP revision consists of a regulation to control NOX 
emissions from Portland cement kilns. Portland cement manufacturing is 
an energy intensive process in which cement is made by grinding and 
heating a mixture of raw materials such as limestone, clay, sand, and 
iron ore in a rotary kiln. NOX emissions are generated 
during fuel combustion by oxidation of chemically-bound nitrogen in the 
fuel and by thermal fixation of nitrogen in the combustion air. This 
SIP revision is based on the Ozone Transport Commission (OTC) control 
measure to reduce NOX emissions from cement kilns. The OTC 
members include Pennsylvania, Connecticut, Delaware, Maine, Maryland, 
Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, 
Vermont, Virginia, and the District of Columbia. The OTC was created 
under section 184 of the CAA to establish regulatory programs to reduce 
ozone precursor emissions, which includes the reduction of 
NOX emissions from cement kilns.

II. Summary of SIP Revision

    The SIP revision amends the NOX emission standards in 
the Title 25 of the Pennsylvania Code (25 Pa. Code) Chapter 145, 
Subchapter C (Emissions of NOX from Cement Manufacturing), 
for Portland cement kilns during the ozone season, from May 1 through 
September 30, 2011, and for each year thereafter. The SIP revision 
added new definitions and terms, and revised the following: standard 
requirements which include emission requirements; compliance 
determination by operating and maintaining continuous emissions 
monitoring systems (CEMS) for NOX emissions; compliance 
demonstration on a kiln-by-kiln basis, a facility-wide emissions 
averaging basis or a system-wide averaging basis; and reporting and 
recordkeeping requirements by reporting CEMS emissions data and 
maintaining an operating log for each Portland cement kiln on a monthly 
basis that is maintained onsite for 5 years. A detailed summary of 
EPA's review of and rationale for proposing to approve this SIP 
revision may be found in the Technical Support Document (TSD) for this 
action which is available on line at http://www.regulations.gov, Docket 
number EPA-R03-OAR-2011-0287.

III. Proposed Action

    EPA is proposing to approve the Pennsylvania SIP revision for the 
control of NOX emissions from Portland cement kilns 
submitted on July 23, 2010. This regulation will reduce emissions of 
NOX from cement kilns to reduce levels of ozone. The 
reduction of NOX emissions will also help protect the public 
health from high levels of fine particulate matter (PM2.5), 
of which NOX is a precursor component. The reduction of 
NOX emissions also reduces visibility impairment and acid 
deposition. EPA is soliciting public comments on the issues discussed 
in this document. These comments will be considered before taking final 
action.

IV. Statutory and Executive Order Reviews

    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 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 proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the 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 proposed rule, pertaining to Pennsylvania's 
control of NOx emissions from Portland cement kilns, 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, Nitrogen dioxide, 
Ozone, Particulate matter, Reporting and recordkeeping requirements.

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

[[Page 29182]]

    Dated: May 9, 2011.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2011-12509 Filed 5-19-11; 8:45 am]
BILLING CODE 6560-50-P
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