81 FR 30182 - National Emission Standards for Hazardous Air Pollutants: Off-Site Waste and Recovery Operations: Action Denying a Petition for Reconsideration

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 94 (May 16, 2016)

Page Range		30182-30183
FR Document		2016-11252

The Environmental Protection Agency (EPA) is providing notice that it has responded to a petition for reconsideration of a final rule published in the Federal Register on March 18, 2015. The rule promulgated amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP): Off-Site Waste and Recovery Operations (OSWRO) based on our residual risk and technology review (RTR) conducted for the OSWRO source category. The agency previously granted reconsideration of one issue raised in the petition. The Administrator denied the second issue raised in the petition in letters to the petitioners dated May 5, 2016.

Federal Register, Volume 81 Issue 94 (Monday, May 16, 2016)

[Federal Register Volume 81, Number 94 (Monday, May 16, 2016)]
[Rules and Regulations]
[Pages 30182-30183]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-11252]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2012-0360; FRL-9946-32-OAR]
RIN 2060-AR47


National Emission Standards for Hazardous Air Pollutants: Off-
Site Waste and Recovery Operations: Action Denying a Petition for 
Reconsideration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of action denying a petition for reconsideration.

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SUMMARY: The Environmental Protection Agency (EPA) is providing notice 
that it has responded to a petition for reconsideration of a final rule 
published in the Federal Register on March 18, 2015. The rule 
promulgated amendments to the National Emission Standards for Hazardous 
Air Pollutants (NESHAP): Off-Site Waste and Recovery Operations (OSWRO) 
based on our residual risk and technology review (RTR) conducted for 
the OSWRO source category. The agency previously granted 
reconsideration of one issue raised in the petition. The Administrator 
denied the second issue raised in the petition in letters to the 
petitioners dated May 5, 2016.

[[Page 30183]]


DATES: May 16, 2016.

FOR FURTHER INFORMATION CONTACT: Emily Seidman, U.S. EPA, Office of 
General Counsel, Mail Code 2344A, 1200 Pennsylvania Avenue NW., 
Washington, DC 20460; telephone (202) 564-0906; email at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. How can I get copies of this document and other related information?

    This Federal Register document, the petition for reconsideration, 
and the letters granting and denying the petition for reconsideration 
are available in the docket the EPA established for the OSWRO NESHAP 
under Docket ID No. EPA-HQ-OAR-2012-0360. The document identification 
number for the petition for reconsideration is EPA-HQ-OAR-2012-0360-
0128. The document identification numbers for the EPA's response 
letters are EPA-HQ-OAR-2012-0360-0122 and EPA-HQ-OAR-2012-0360-0123.
    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 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 http://www.regulations.gov or in hard copy at 
the EPA Docket Center (EPA/DC), Room 3334, EPA WJC West Building, 1301 
Constitution Ave. NW., Washington, DC. The Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744 and the telephone number for the Air Docket is (202) 566-1742.
    This Federal Register document, the petition for reconsideration, 
and the letters granting and denying the petition can also be found on 
EPA's Web site at http://www.epa.gov/ttn/atw/offwaste/oswropg.html. The 
amended OSWRO NESHAP was published in the Federal Register on March 15, 
2015, at 80 FR 14248.

II. Judicial Review

    Section 307(b)(1) of the Clean Air Act (CAA) indicates which 
Federal Courts of Appeals have venue for petitions for review of final 
EPA actions. This section provides, in part, that the petitions for 
review must be filed in the Court of Appeals for the District of 
Columbia Circuit if: (i) The agency action consists of ``nationally 
applicable regulations promulgated, or final action taken, by the 
Administrator,'' or (ii) such actions are locally or regionally 
applicable, if ``such action is based on a determination of nationwide 
scope or effect and if in taking such action the Administrator finds 
and publishes that such action is based on such a determination.''
    The EPA has determined that its denial of the petition for 
reconsideration is nationally applicable for purposes of CAA section 
307(b)(1) because the actions directly affect the OSWRO NESHAP, which 
is a nationally applicable regulation. Thus, any petitions for review 
of the EPA's decision denying the petitioners' request for 
reconsideration must be filed in the United States Court of Appeals for 
the District of Columbia Circuit by July 15, 2016.

III. Description of Action

    On March 18, 2015, the EPA promulgated a final rule amending the 
OSWRO NESHAP based on the RTR conducted for the OSWRO source category. 
80 FR 14248, March 18, 2015. The EPA amended the OSWRO NESHAP to revise 
provisions related to emissions during periods of startup, shutdown, 
and malfunction; to add requirements for electronic reporting of 
performance testing; to add monitoring requirements for pressure relief 
devices (PRDs); to revise routine maintenance provisions; to clarify 
provisions for open-ended valves and lines and for some performance 
test methods and procedures; and to make several minor clarifications 
and corrections. Subsequent to publishing the final rule, the EPA 
received a petition for reconsideration submitted jointly by Eastman 
Chemical Company and the American Chemical Council (dated May 18, 
2015). This petition sought reconsideration of two of the amended 
provisions of the OSWRO NESHAP: (1) The equipment leak provisions for 
connectors, and (2) the requirement to monitor PRDs on portable 
containers. The EPA considered the petition and supporting information 
along with information contained in the OSWRO NESHAP amendment 
rulemaking docket (Docket ID No. EPA-HQ-OAR-2012-0360) in reaching a 
decision on the petition. The Agency granted reconsideration of the PRD 
monitoring requirement in a letter to the petitioners dated February 8, 
2016. In separate letters to the petitioners dated May 5, 2016, the 
Administrator denied reconsideration of the equipment leak provisions 
for connectors and explained the reasons for the denial in these 
letters. These letters are available in the OSWRO NESHAP amendment 
rulemaking docket.

    Dated: May 5, 2016.
Gina McCarthy,
Administrator.
[FR Doc. 2016-11252 Filed 5-13-16; 8:45 am]
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30182 Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations

explanation of the CAA requirements, a Technology Transfer and Advancement Dated: May 4, 2016.
detailed analysis of the submittal, and Act of 1995 (15 U.S.C. 272 note) because Dennis J. McLerran,
the EPA’s reasons for approval were this action does not involve technical Regional Administrator, Region 10.
provided in the proposal and will not standards; and For the reasons set forth in the
restated here. The public comment • does not provide the EPA with the preamble, 40 CFR part 52 is amended as
period for the proposal ended on April discretionary authority to address, as follows:
11, 2016. The EPA received no appropriate, disproportionate human
comments. health or environmental effects, using PART 52—APPROVAL AND
II. Final Action practicable and legally permissible PROMULGATION OF
methods, under Executive Order 12898 IMPLEMENTATION PLANS
The EPA is approving Oregon’s (59 FR 7629, February 16, 1994).
October 20, 2015 submittal as meeting ■ 1. The authority citation for Part 52
the CAA section 110(a)(2)(D)(i)(I) In addition, the SIP is not approved
continues to read as follows:
interstate transport requirements for the to apply on any Indian reservation land
or in any other area where the EPA or Authority: 42 U.S.C. 7401 et seq.
2008 Pb and 2010 NO2 NAAQS. The
remainder of the submittal, with respect an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Subpart MM—Oregon
to the 2010 sulfur dioxide and 2012 fine
particulate matter NAAQS, will be Indian country, the rule does not have ■ 2. Section 52.1991 is amended by
addressed in separate, future actions. tribal implications as specified by adding paragraph (e) to read as follows:
Executive Order 13175 (65 FR 67249,
III. Statutory and Executive Orders November 9, 2000), nor will it impose § 52.1991 Section 110(a)(2) infrastructure
Review substantial direct costs on tribal requirements.
Under the CAA, the Administrator is governments or preempt tribal law. * * * * *
required to approve a SIP submission The Congressional Review Act, 5 (e) The EPA approves Oregon’s
that complies with the provisions of the U.S.C. 801 et seq., as added by the Small October 20, 2015 submittal as meeting
CAA and applicable Federal regulations. Business Regulatory Enforcement the requirements of CAA section
42 U.S.C. 7410(k); 40 CFR 52.02(a). Fairness Act of 1996, generally provides 110(a)(2)(D)(i)(I) for the 2008 lead and
Thus, in reviewing SIP submissions, the that before a rule may take effect, the 2010 nitrogen dioxide NAAQS.
EPA’s role is to approve state choices, agency promulgating the rule must [FR Doc. 2016–11380 Filed 5–13–16; 8:45 am]
provided that they meet the criteria of submit a rule report, which includes a BILLING CODE 6560–50–P
the CAA. Accordingly, this action copy of the rule, to each House of the
merely approves state law as meeting Congress and to the Comptroller General
Federal requirements and does not of the United States. The EPA will ENVIRONMENTAL PROTECTION
impose additional requirements beyond submit a report containing this action AGENCY
those imposed by state law. For that and other required information to the
reason, this action: U.S. Senate, the U.S. House of 40 CFR Part 63
• Is not a ‘‘significant regulatory Representatives, and the Comptroller [EPA–HQ–OAR–2012–0360; FRL–9946–32–
action’’ subject to review by the Office General of the United States prior to OAR]
of Management and Budget under publication of the rule in the Federal
RIN 2060–AR47
Executive Orders 12866 (58 FR 51735, Register. A major rule cannot take effect
October 4, 1993) and 13563 (76 FR 3821, until 60 days after it is published in the National Emission Standards for
January 21, 2011); Federal Register. This action is not a Hazardous Air Pollutants: Off-Site
• does not impose an information ‘‘major rule’’ as defined by 5 U.S.C. Waste and Recovery Operations:
collection burden under the provisions 804(2). Action Denying a Petition for
of the Paperwork Reduction Act (44 Under section 307(b)(1) of the CAA, Reconsideration
U.S.C. 3501 et seq.); petitions for judicial review of this
• is certified as not having a action must be filed in the United States AGENCY: Environmental Protection
significant economic impact on a Court of Appeals for the appropriate Agency (EPA).
substantial number of small entities circuit by July 15, 2016. Filing a petition ACTION: Notice of action denying a
under the Regulatory Flexibility Act (5 for reconsideration by the Administrator petition for reconsideration.
U.S.C. 601 et seq.); of this final rule does not affect the
• does not contain any unfunded finality of this action for the purposes of
SUMMARY: The Environmental Protection
mandate or significantly or uniquely Agency (EPA) is providing notice that it
judicial review nor does it extend the has responded to a petition for
affect small governments, as described time within which a petition for judicial
in the Unfunded Mandates Reform Act reconsideration of a final rule published
review may be filed, and shall not in the Federal Register on March 18,
of 1995 (Pub. L. 104–4); postpone the effectiveness of such rule
• does not have Federalism or action. This action may not be
2015. The rule promulgated
implications as specified in Executive amendments to the National Emission
challenged later in proceedings to Standards for Hazardous Air Pollutants
Order 13132 (64 FR 43255, August 10, enforce its requirements. See section
1999); (NESHAP): Off-Site Waste and Recovery
307(b)(2).
• is not an economically significant Operations (OSWRO) based on our
regulatory action based on health or List of Subjects in 40 CFR Part 52 residual risk and technology review
safety risks subject to Executive Order (RTR) conducted for the OSWRO source
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13045 (62 FR 19885, April 23, 1997); Environmental protection, Air category. The agency previously granted
• is not a significant regulatory action pollution control, Incorporation by reconsideration of one issue raised in
subject to Executive Order 13211 (66 FR reference, Intergovernmental relations, the petition. The Administrator denied
28355, May 22, 2001); Lead, Nitrogen dioxide, Reporting and the second issue raised in the petition
• is not subject to requirements of recordkeeping requirements. in letters to the petitioners dated May 5,
Section 12(d) of the National Authority: 42 U.S.C. 7401 et seq. 2016.

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Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations 30183

DATES: May 16, 2016. Circuit if: (i) The agency action consists the reasons for the denial in these
FOR FURTHER INFORMATION CONTACT: of ‘‘nationally applicable regulations letters. These letters are available in the
Emily Seidman, U.S. EPA, Office of promulgated, or final action taken, by OSWRO NESHAP amendment
General Counsel, Mail Code 2344A, the Administrator,’’ or (ii) such actions rulemaking docket.
1200 Pennsylvania Avenue NW., are locally or regionally applicable, if Dated: May 5, 2016.
Washington, DC 20460; telephone (202) ‘‘such action is based on a Gina McCarthy,
564–0906; email at seidman.emily@ determination of nationwide scope or
Administrator.
epa.gov. effect and if in taking such action the
[FR Doc. 2016–11252 Filed 5–13–16; 8:45 am]
Administrator finds and publishes that
SUPPLEMENTARY INFORMATION: BILLING CODE 6560–50–P
such action is based on such a
I. How can I get copies of this document determination.’’
and other related information? The EPA has determined that its
denial of the petition for reconsideration ENVIRONMENTAL PROTECTION
This Federal Register document, the is nationally applicable for purposes of AGENCY
petition for reconsideration, and the CAA section 307(b)(1) because the
letters granting and denying the petition 40 CFR Parts 123, 131, 233 and 501
actions directly affect the OSWRO
for reconsideration are available in the NESHAP, which is a nationally [EPA–HQ–OW–2014–0461; FRL–9946–33–
docket the EPA established for the applicable regulation. Thus, any OW]
OSWRO NESHAP under Docket ID No. petitions for review of the EPA’s
EPA–HQ–OAR–2012–0360. The Revised Interpretation of Clean Water
decision denying the petitioners’
document identification number for the Act Tribal Provision
request for reconsideration must be filed
petition for reconsideration is EPA–HQ– in the United States Court of Appeals AGENCY: Environmental Protection
OAR–2012–0360–0128. The document for the District of Columbia Circuit by Agency (EPA).
identification numbers for the EPA’s July 15, 2016. ACTION: Final interpretive rule.
response letters are EPA–HQ–OAR–
2012–0360–0122 and EPA–HQ–OAR– III. Description of Action SUMMARY: Section 518 of the Clean
2012–0360–0123. On March 18, 2015, the EPA Water Act (CWA), enacted as part of the
All documents in the docket are listed promulgated a final rule amending the 1987 amendments to the statute,
on the http://www.regulations.gov Web OSWRO NESHAP based on the RTR authorizes EPA to treat eligible Indian
site. Although listed in the index, some conducted for the OSWRO source tribes with reservations in a manner
information is not publicly available, category. 80 FR 14248, March 18, 2015. similar to states (TAS) for a variety of
e.g., confidential business information The EPA amended the OSWRO purposes, including administering each
or other information whose disclosure is NESHAP to revise provisions related to of the principal CWA regulatory
restricted by statute. Certain other emissions during periods of startup, programs and receiving grants under
material, such as copyrighted material, shutdown, and malfunction; to add several CWA authorities. Since 1991,
is not placed on the Internet and will be requirements for electronic reporting of EPA has followed a cautious
publicly available only in hard copy performance testing; to add monitoring interpretation that has required tribes,
form. Publicly available docket requirements for pressure relief devices as a condition of receiving TAS
materials are available either (PRDs); to revise routine maintenance regulatory authority under section 518,
electronically through http:// provisions; to clarify provisions for to demonstrate inherent authority to
www.regulations.gov or in hard copy at open-ended valves and lines and for regulate waters and activities on their
the EPA Docket Center (EPA/DC), Room some performance test methods and reservations under principles of federal
3334, EPA WJC West Building, 1301 procedures; and to make several minor Indian common law. The Agency has
Constitution Ave. NW., Washington, clarifications and corrections. consistently stated, however, that its
DC. The Public Reading Room is open Subsequent to publishing the final rule, approach was subject to change in the
from 8:30 a.m. to 4:30 p.m., Monday the EPA received a petition for event of further congressional or judicial
through Friday, excluding legal reconsideration submitted jointly by guidance addressing tribal authority
holidays. The telephone number for the Eastman Chemical Company and the under CWA section 518. Based on such
Public Reading Room is (202) 566–1744 American Chemical Council (dated May guidance, EPA in the interpretive rule
and the telephone number for the Air 18, 2015). This petition sought we are finalizing today concludes
Docket is (202) 566–1742. reconsideration of two of the amended definitively that section 518 includes an
This Federal Register document, the provisions of the OSWRO NESHAP: (1) express delegation of authority by
petition for reconsideration, and the The equipment leak provisions for Congress to Indian tribes to administer
letters granting and denying the petition connectors, and (2) the requirement to regulatory programs over their entire
can also be found on EPA’s Web site at monitor PRDs on portable containers. reservations, subject to the eligibility
http://www.epa.gov/ttn/atw/offwaste/ The EPA considered the petition and requirements in section 518. This
oswropg.html. The amended OSWRO supporting information along with reinterpretation streamlines the process
NESHAP was published in the Federal information contained in the OSWRO for applying for TAS, eliminating the
Register on March 15, 2015, at 80 FR NESHAP amendment rulemaking need for applicant tribes to demonstrate
14248. docket (Docket ID No. EPA–HQ–OAR– inherent authority to regulate under the
2012–0360) in reaching a decision on Act and allowing eligible tribes to
II. Judicial Review the petition. The Agency granted implement the congressional delegation
Section 307(b)(1) of the Clean Air Act reconsideration of the PRD monitoring of authority. The reinterpretation also
Lhorne on DSK30JT082PROD with RULES

(CAA) indicates which Federal Courts of requirement in a letter to the petitioners brings EPA’s treatment of tribes under
Appeals have venue for petitions for dated February 8, 2016. In separate the CWA in line with EPA’s treatment
review of final EPA actions. This section letters to the petitioners dated May 5, of tribes under the Clean Air Act, which
provides, in part, that the petitions for 2016, the Administrator denied has similar statutory language
review must be filed in the Court of reconsideration of the equipment leak addressing tribal regulation of Indian
Appeals for the District of Columbia provisions for connectors and explained reservation areas. This interpretive rule

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Document Created: 2016-05-14 01:17:04
Document Modified: 2016-05-14 01:17:04

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		Notice of action denying a petition for reconsideration.
Dates		May 16, 2016.
Contact		Emily Seidman, U.S. EPA, Office of General Counsel, Mail Code 2344A, 1200 Pennsylvania Avenue NW., Washington, DC 20460; telephone (202) 564-0906; email at [email protected]
FR Citation		81 FR 30182
RIN Number		2060-AR47