81 FR 31234 - NESHAP for Brick and Structural Clay Products Manufacturing; and NESHAP for Clay Ceramics Manufacturing
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 96 (May 18, 2016)
Federal Register Volume 81, Issue 96 (May 18, 2016)
| Page Range | 31234-31236 | |
| FR Document | 2016-11749 |
[Federal Register Volume 81, Number 96 (Wednesday, May 18, 2016)] [Notices] [Pages 31234-31236] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-11749] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OAR-2013-0290 and EPA-HQ-OAR-2013-0291; FRL-9946-63-OAR] NESHAP for Brick and Structural Clay Products Manufacturing; and NESHAP for Clay Ceramics Manufacturing AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of action denying in part and granting in part petitions for reconsideration. ----------------------------------------------------------------------- SUMMARY: This action provides notice that the U.S. Environmental Protection Agency (EPA) Administrator, Gina McCarthy, denied in part and granted in part petitions for reconsideration of the final National Emission Standards for Hazardous Air Pollutants (NESHAP) for Brick and Structural Clay Products (BSCP) Manufacturing and the final NESHAP for Clay Ceramics Manufacturing published in the Federal Register on October 26, 2015. DATES: This action is effective on May 18, 2016. FOR FURTHER INFORMATION CONTACT: Ms. Sharon Nizich, Minerals and [[Page 31235]] Manufacturing Group, Sector Policies and Programs Division (D243-04), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541-2825; email address: nizich.sharon@epa.gov. SUPPLEMENTARY INFORMATION: I. How can I get copies of this document and other related information? This Federal Register notice, the petitions for reconsideration, and the letters and accompanying enclosures addressing the petitions for reconsideration are available in the dockets the EPA established under Docket ID No. EPA-HQ-OAR-2013-0291 for BSCP Manufacturing and Docket ID No. EPA-HQ-OAR-2013-0290 for Clay Ceramics Manufacturing. All documents in the dockets 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), EPA WJC West Building, Room 3334, 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 petitions for reconsideration, and the letters with the accompanying enclosure addressing the petitions can also be found on the EPA's Web site at http://www.epa.gov/ttn/oarpg. 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 petitions for reconsideration is nationally applicable for purposes of CAA section 307(b)(1) because the actions directly affect the BSCP Manufacturing NESHAP and Clay Ceramics Manufacturing NESHAP, which are nationally applicable regulations. Thus, any petitions for review of the letters and enclosures denying the petitions for reconsideration described in this document must be filed in the United States Court of Appeals for the District of Columbia Circuit by July 18, 2016. To the extent that EPA is granting the petitions for reconsideration with respect to certain issues, such grant is not final agency action, but only begins an agency process to consider whether the rule should be revised. If EPA in the future takes final agency action to revise the rule, notice of such action will be published in the Federal Register and judicial review will be available at that time. III. Description of Action The initial NESHAP for BSCP Manufacturing and initial NESHAP for Clay Ceramics Manufacturing were published in the Federal Register on May 16, 2003 (68 FR 26690), and codified at 40 CFR part 63, subparts JJJJJ and KKKKK, respectively, pursuant to section 112 of the CAA. Those standards were challenged and subsequently vacated by the United States Court of Appeals for the District of Columbia Circuit in 2007. See Sierra Club v. EPA, 479 F.3d 875, 876 (D.C. Cir. 2007). Following the 2007 vacatur of the 2003 rule, the EPA collected additional data and information to support new standards for the BSCP and clay ceramics industries. This information is contained in the dockets for both rules, which are available at http://www.regulations.gov. On December 18, 2014, the EPA proposed new NESHAP for BSCP Manufacturing and for Clay Ceramics Manufacturing (79 FR 75622). The EPA received additional data and comments during the public comment period. These data and comments were considered and analyzed and, where appropriate, revisions to the two NESHAP were made. The NESHAP for BSCP Manufacturing and NESHAP for Clay Ceramics Manufacturing were finalized on October 26, 2015 (80 FR 65470). On December 23, 2015, Kohler Company submitted a petition for reconsideration of the final rule for Clay Ceramics Manufacturing (80 FR 65470). In support of its petition, Kohler Company claimed that: (1) The final rule introduced new stack temperature monitoring requirements for demonstrating compliance with the dioxin/furan emission limits without an opportunity for comment by the petitioner; (2) the EPA failed to adequately respond to the petitioner's public comments regarding visible emissions monitoring in the response to comments and final rule; (3) the EPA should reconsider its exclusion of emissions averaging from the final rule as a compliance option for clay ceramics manufacturing; (4) the EPA should reconsider its improper use of scrubber emissions data from the petitioner's South Carolina Kiln 10 for determining the maximum achievable control technology (MACT) floor; (5) the EPA should reconsider the frequency of onerous and unnecessary visual inspection requirements for system ductwork and control device equipment for water curtain spray booths; and (6) the EPA should clarify the testing threshold for cooling stacks to be tested to limit it to those stacks with an oxygen content at or below 20.4 percent. Also on December 23, 2015, the Brick Industry Association (BIA) submitted a petition for reconsideration of the final rule for BSCP Manufacturing (80 FR 65470). In support of its petition, the BIA claimed that: (1) The EPA failed to give notice that it would change its method for calculating the existing source MACT floor for emissions of non-mercury (Hg) hazardous air pollutant (HAP) metals; (2) the EPA incorrectly used tests conducted below capacity in its revised MACT floor approach; (3) the EPA failed to give notice that it would include a variability calculation in its determination of the MACT floor for Hg or how it would make this variability calculation; (4) it was impracticable for the petitioner to request a variability factor for non-Hg metal emission limits for the final rule; and (5) the EPA failed to give notice that it would include opacity as a compliance method for the non-Hg HAP metals standard. On December 24, 2015, the Tile Council of North America, Inc. (TCNA) and its members submitted a petition for reconsideration of the final rule for Clay Ceramics Manufacturing (80 FR 65470). In support of its petition, the TCNA claimed that: (1) In promulgating the final rule, the EPA relied on legal positions/rationales for regulating ceramic tile that were advanced for the first time in the preamble to the final rule; (2) for the final rule, the EPA introduced for the first time the technical rationale that Method 23 field [[Page 31236]] blank spike recoveries self-validate the dioxin/furan emissions data used to set dioxin/furan standards; and (3) the EPA failed to respond to public comments regarding the cost of the final rule to those sources that the EPA postulates might at some time in the future become subject to the rule. Section 307(d)(7)(B) of the CAA sets forth the criteria for reconsideration. That section states that ``(o)nly an objection to a rule or procedure which was raised with reasonable specificity during the period for public comment (including any public hearing) may be raised during judicial review. If the person raising an objection can demonstrate to the Administrator that it was impractical to raise such objection within such time or if the grounds for such objection arose after the period for public comment (but within the time specified for judicial review) and if such objection is of central relevance to the outcome of the rule, the Administrator shall convene a proceeding for reconsideration of the rule and provide the same procedural rights as would have been afforded had the information been available at the time the rule was proposed.'' The EPA has carefully considered the petitions and supporting information. In separate letters to the petitioners, the EPA Administrator, Gina McCarthy, denied in part and granted in part the Kohler Company petition, denied the BIA and TCNA petitions, and explained the reasons for the denials. These letters and the accompanying enclosures are available in the dockets for this action. IV. Conclusion For the reasons discussed in the letters and accompanying enclosure to the petitioners, the petitions to reconsider the final NESHAP for BSCP Manufacturing and final NESHAP for Clay Ceramics Manufacturing are denied in part and granted in part. Dated: May 12, 2016. Gina McCarthy, Administrator. [FR Doc. 2016-11749 Filed 5-17-16; 8:45 am] BILLING CODE 6560-50-P
![31234 Federal Register / Vol. 81, No. 96 / Wednesday, May 18, 2016 / Notices
DEPARTMENT OF ENERGY Docket Numbers: ER16–1674–000. Applicants: PacifiCorp.
Applicants: Glacial Energy of New Description: Tariff Cancellation:
Federal Energy Regulatory Jersey, Inc. Termination of BPA Agmt for Pilot
Commission Description: Notice of cancellation of Butte Sub Mtring & Trnsfr CEC to BPA
market based tariff of Glacial Energy of BAA to be effective 7/24/2016.
Combined Notice of Filings #1 New Jersey, Inc. Filed Date: 5/12/16.
Filed Date: 5/11/16. Accession Number: 20160512–5164.
Take notice that the Commission Comments Due: 5 p.m. ET 6/2/16.
received the following electric rate Accession Number: 20160511–5265.
Comments Due: 5 p.m. ET 6/1/16. The filings are accessible in the
filings:
Docket Numbers: ER16–1675–000. Commission’s eLibrary system by
Docket Numbers: ER10–1852–013; clicking on the links or querying the
ER10–1971–026; ER11–4462–017. Applicants: Glacial Energy of Illinois,
Inc. docket number.
Applicants: Florida Power & Light Any person desiring to intervene or
Company, NextEra Energy Power Description: Notice of cancellation of
market based tariff of Glacial Energy of protest in any of the above proceedings
Marketing, LLC, NEPM II, LLC. must file in accordance with Rules 211
Description: Notice of Change in Illinois, Inc.
Filed Date: 5/11/16. and 214 of the Commission’s
Status Update of the NextEra Regulations (18 CFR 385.211 and
Companies, et al. Accession Number: 20160511–5266.
Comments Due: 5 p.m. ET 6/1/16. 385.214) on or before 5:00 p.m. Eastern
Filed Date: 5/11/16. time on the specified comment date.
Accession Number: 20160511–5305. Docket Numbers: ER16–1676–000.
Protests may be considered, but
Comments Due: 5 p.m. ET 6/1/16. Applicants: Southwest Power Pool,
intervention is necessary to become a
Docket Numbers: ER16–474–002. Inc.
party to the proceeding.
Applicants: Central Antelope Dry Description: Section 205(d) Rate eFiling is encouraged. More detailed
Ranch C LLC. Filing: 3180 Basin Electric and information relating to filing
Description: Compliance filing: Montana-Dakota Utilities Att AO to be requirements, interventions, protests,
Central Antelope Dry Ranch C LLC MBR effective 6/1/2016. service, and qualifying facilities filings
Tariff to be effective 2/1/2016. Filed Date: 5/12/16. can be found at: http://www.ferc.gov/
Filed Date: 5/12/16. Accession Number: 20160512–5044. docs-filing/efiling/filing-req.pdf. For
Accession Number: 20160512–5002. Comments Due: 5 p.m. ET 6/2/16.
other information, call (866) 208–3676
Comments Due: 5 p.m. ET 6/2/16. Docket Numbers: ER16–1677–000. (toll free). For TTY, call (202) 502–8659.
Docket Numbers: ER16–1670–000. Applicants: Enterprise Solar, LLC.
Dated: May 12, 2016.
Applicants: PacifiCorp. Description: Compliance filing:
Compliance Filing—Amendment to Nathaniel J. Davis, Sr.,
Description: Section 205(d) Rate
MBR Limitations and Exemptions to be Deputy Secretary.
Filing: Idaho Power Construct Agmt
Goshen-Jefferson Line Rebuild to be effective 7/11/2016. [FR Doc. 2016–11710 Filed 5–17–16; 8:45 am]
effective 7/11/2016. Filed Date: 5/12/16. BILLING CODE 6717–01–P
Filed Date: 5/11/16. Accession Number: 20160512–5097.
Accession Number: 20160511–5246. Comments Due: 5 p.m. ET 6/2/16.
Comments Due: 5 p.m. ET 6/1/16. Docket Numbers: ER16–1678–000. ENVIRONMENTAL PROTECTION
Docket Numbers: ER16–1671–000. Applicants: PJM Interconnection, AGENCY
Applicants: Florida Power & Light L.L.C. [EPA–HQ–OAR–2013–0290 and EPA–HQ–
Company. Description: Section 205(d) Rate OAR–2013–0291; FRL–9946–63–OAR]
Description: Section 205(d) Rate Filing: Service Agreement No. 4447,
Filing: FPL’s Open Access Transmission Queue Position AB1–025 to be effective NESHAP for Brick and Structural Clay
Tariff Clean-Up to be effective 5/12/ 4/12/2016. Products Manufacturing; and NESHAP
2016. Filed Date: 5/12/16. for Clay Ceramics Manufacturing
Filed Date: 5/11/16. Accession Number: 20160512–5107.
Comments Due: 5 p.m. ET 6/2/16. AGENCY: Environmental Protection
Accession Number: 20160511–5262. Agency (EPA).
Comments Due: 5 p.m. ET 6/1/16. Docket Numbers: ER16–1679–000.
ACTION: Notice of action denying in part
Docket Numbers: ER16–1672–000. Applicants: PJM Interconnection,
and granting in part petitions for
Applicants: Chaves County Solar, L.L.C.
reconsideration.
LLC. Description: Section 205(d) Rate
Description: Baseline eTariff Filing: Filing: Service Agreement Nos. 4448, SUMMARY: This action provides notice
Chaves County Solar, LLC Application 4449, 4450, Queue Nos. AB1–021, AB1– that the U.S. Environmental Protection
for Market-Based Rates to be effective 9/ 063, AB1–139 to be effective 4/12/2016. Agency (EPA) Administrator, Gina
1/2016. Filed Date: 5/12/16. McCarthy, denied in part and granted in
Filed Date: 5/11/16. Accession Number: 20160512–5109. part petitions for reconsideration of the
Accession Number: 20160511–5263. Comments Due: 5 p.m. ET 6/2/16. final National Emission Standards for
Comments Due: 5 p.m. ET 6/1/16. Docket Numbers: ER16–1680–000. Hazardous Air Pollutants (NESHAP) for
Docket Numbers: ER16–1673–000. Applicants: Escalante Solar I, LLC. Brick and Structural Clay Products
Applicants: Glacial Energy of New Description: Compliance filing: (BSCP) Manufacturing and the final
sradovich on DSK3TPTVN1PROD with NOTICES
England, Inc. Compliance Filing—Amendment to NESHAP for Clay Ceramics
Description: Notice of cancellation of MBR Tariff Limits. and Exemptions to Manufacturing published in the Federal
market based tariff of Glacial Energy of be effective 7/11/2016. Register on October 26, 2015.
New England, Inc. Filed Date: 5/12/16. DATES: This action is effective on May
Filed Date: 5/11/16. Accession Number: 20160512–5140. 18, 2016.
Accession Number: 20160511–5264. Comments Due: 5 p.m. ET 6/2/16. FOR FURTHER INFORMATION CONTACT: Ms.
Comments Due: 5 p.m. ET 6/1/16. Docket Numbers: ER16–1681–000. Sharon Nizich, Minerals and
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![31236 Federal Register / Vol. 81, No. 96 / Wednesday, May 18, 2016 / Notices
blank spike recoveries self-validate the Notice and request for
ACTION: Estimated Time per Response: 4
dioxin/furan emissions data used to set comments. minutes–10 hours.
dioxin/furan standards; and (3) the EPA Frequency of Response: On occasion
failed to respond to public comments SUMMARY: As part of its continuing effort and one time reporting requirements,
regarding the cost of the final rule to to reduce paperwork burdens, and as recordkeeping requirement and third
those sources that the EPA postulates required by the Paperwork Reduction party disclosure requirement.
might at some time in the future become Act (PRA) of 1995 (44 U.S.C. 3501– Obligation to Respond: Required to
subject to the rule. 3520), the Federal Communications obtain or retain benefits. Statutory
Section 307(d)(7)(B) of the CAA sets Commission (FCC or the Commission) authority for this information collection
forth the criteria for reconsideration. invites the general public and other is contained in 47 U.S.C. 151, 152,
That section states that ‘‘(o)nly an Federal agencies to take this 154(i), 201–205, 215, 251(b)(2), 251(e)(2)
opportunity to comment on the and 332 of the Communications Act of
objection to a rule or procedure which
following information collection. 1934, as amended.
was raised with reasonable specificity
Comments are requested concerning: Total Annual Burden: 673,460 hours.
during the period for public comment
Whether the proposed collection of Total Annual Cost: No cost.
(including any public hearing) may be
information is necessary for the proper Privacy Impact Assessment: No
raised during judicial review. If the
performance of the functions of the impact.
person raising an objection can
Commission, including whether the Nature and Extent of Confidentiality:
demonstrate to the Administrator that it
information shall have practical utility; The Commission is not requesting
was impractical to raise such objection
the accuracy of the Commission’s respondents to submit confidential
within such time or if the grounds for
burden estimate; ways to enhance the information to the Commission. If the
such objection arose after the period for quality, utility, and clarity of the
public comment (but within the time respondents wish confidential treatment
information collected; ways to minimize of their information, they may request
specified for judicial review) and if such the burden of the collection of
objection is of central relevance to the confidential treatment under 47 CFR
information on the respondents,
outcome of the rule, the Administrator 0.459 of the Commission’s rules.
including the use of automated Needs and Uses: Section 251(b)(2) of
shall convene a proceeding for collection techniques or other forms of
reconsideration of the rule and provide the Communications Act of 1934, as
information technology; and ways to
the same procedural rights as would amended, requires LECs to ‘‘provide, to
further reduce the information
have been afforded had the information the extent technically feasible, number
collection burden on small business
been available at the time the rule was portability in accordance with
concerns with fewer than 25 employees.
proposed.’’ The FCC may not conduct or sponsor requirements prescribed by the
The EPA has carefully considered the a collection of information unless it Commission.’’ Through the LNP
petitions and supporting information. In displays a currently valid control process, consumers have the ability to
separate letters to the petitioners, the number. No person shall be subject to retain their phone number when
EPA Administrator, Gina McCarthy, any penalty for failing to comply with switching telecommunications service
denied in part and granted in part the a collection of information subject to the providers, enabling them to choose a
Kohler Company petition, denied the PRA that does not display a valid Office provider that best suits their needs and
BIA and TCNA petitions, and explained of Management and Budget (OMB) enhancing competition. In the Porting
the reasons for the denials. These letters control number. Interval Order and Further Notice, the
and the accompanying enclosures are Commission mandated a one business
DATES: Written PRA comments should
available in the dockets for this action. day porting interval for simple wireline-
be submitted on or before July 18, 2016.
to-wireline and intermodal port
IV. Conclusion If you anticipate that you will be
requests. The information collected in
submitting comments, but find it
For the reasons discussed in the the standard local service request data
difficult to do so within the period of
letters and accompanying enclosure to fields is necessary to complete simple
time allowed by this notice, you should
the petitioners, the petitions to wireline-to-wireline and intermodal
advise the contact listed below as soon
reconsider the final NESHAP for BSCP ports within the one business day
as possible.
Manufacturing and final NESHAP for porting interval mandated by the
ADDRESSES: Direct all PRA comments to
Clay Ceramics Manufacturing are Commission and will be used to comply
Nicole Ongele, FCC, via email PRA@ with section 251 of the
denied in part and granted in part.
fcc.gov and to Nicole.Ongele@fcc.gov. Telecommunications Act of 1996.
Dated: May 12, 2016. FOR FURTHER INFORMATION CONTACT: For
Gina McCarthy, Federal Communications Commission.
additional information about the
Administrator. information collection, contact Nicole Marlene H. Dortch,
[FR Doc. 2016–11749 Filed 5–17–16; 8:45 am] Ongele at (202) 418–2991. Secretary.
BILLING CODE 6560–50–P SUPPLEMENTARY INFORMATION: [FR Doc. 2016–11691 Filed 5–17–16; 8:45 am]
OMB Control Number: 3060–0742. BILLING CODE 6712–01–P
Title: Sections 52.21 through 52.36,
Telephone Number Portability, 47 CFR
FEDERAL COMMUNICATIONS FEDERAL COMMUNICATIONS
part 52, subpart (C) and CC Docket No.
COMMISSION COMMISSION
95–116.
sradovich on DSK3TPTVN1PROD with NOTICES
[OMB 3060–0742] Form Number: N/A. [OMB 3060–0466]
Type of Review: Extension of a
Information Collection Being Reviewed currently approved collection. Information Collection Being Reviewed
by the Federal Communications Respondents: Business or other for- by the Federal Communications
Commission profit entities. Commission
Number of Respondents and
AGENCY:Federal Communications Responses: 3,631 respondents; AGENCY:Federal Communications
Commission. 10,002,005 responses. Commission.
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Document Created: 2016-05-18 00:06:12
Document Modified: 2016-05-18 00:06:12
| 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 | Notices | |
| Action | Notice of action denying in part and granting in part petitions for reconsideration. | |
| Dates | This action is effective on May 18, 2016. | |
| Contact | Ms. Sharon Nizich, Minerals and Manufacturing Group, Sector Policies and Programs Division (D243-04), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; | |
| FR Citation | 81 FR 31234 |
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