81 FR 48372 - National Emission Standards for Hazardous Air Pollutants for the Portland Cement Manufacturing Industry

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 142 (July 25, 2016)

Page Range		48372-48373
FR Document		2016-17292

The Environmental Protection Agency (EPA) is proposing to amend the National Emission Standards for Hazardous Air Pollutants for the Portland Cement Manufacturing Industry. In the ``Rules and Regulations'' section of this Federal Register, we are publishing a direct final rule, without a prior proposed rule, that corrects an inadvertent error and temporarily revises the testing and monitoring requirements for hydrochloric acid (HCl) due to the current unavailability of a calibration gas used for quality assurance purposes. If we receive no adverse comment, we will not take further action on this proposed rule.

Federal Register, Volume 81 Issue 142 (Monday, July 25, 2016)

[Federal Register Volume 81, Number 142 (Monday, July 25, 2016)]
[Proposed Rules]
[Pages 48372-48373]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17292]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2011-0817; FRL-9949-45-OAR]
RIN 2060-AS98


National Emission Standards for Hazardous Air Pollutants for the 
Portland Cement Manufacturing Industry

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
amend the National Emission Standards for Hazardous Air Pollutants for 
the Portland Cement Manufacturing Industry. In the ``Rules and 
Regulations'' section of this Federal Register, we are publishing a 
direct final rule, without a prior proposed rule, that corrects an 
inadvertent error and temporarily revises the testing and monitoring 
requirements for hydrochloric acid (HCl) due to the current 
unavailability of a calibration gas used for quality assurance 
purposes. If we receive no adverse comment, we will not take further 
action on this proposed rule.

DATES: Written comments must be received by August 24, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-

[[Page 48373]]

OAR-2011-0817, to the Federal eRulemaking Portal: http://www.regulations.gov.
    Follow the online instructions for submitting comments. Once 
submitted, comments cannot be edited or withdrawn. 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, 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.

FOR FURTHER INFORMATION CONTACT: Ms. Sharon Nizich, Sector Policies and 
Programs Division (D243-02), Office of Air Quality Planning and 
Standards, U.S. Environmental Protection Agency, Research Triangle 
Park, North Carolina 27711; telephone number: (919) 541-2825; fax 
number: (919) 541-5450; and email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Why is the EPA issuing this proposed rule?

    This document proposes to take action on amendments to the National 
Emission Standards for Hazardous Pollutants for the Portland Cement 
Manufacturing Industry. We have published a direct final rule to amend 
40 CFR part 63, subpart LLL by correcting an inadvertent error and 
revising the testing and monitoring requirements for HCl in the ``Rules 
and Regulations'' section of this Federal Register because we view this 
as a noncontroversial action and anticipate no adverse comment. We have 
explained our reasons for this action in the preamble to the direct 
final rule.
    If we receive no adverse comment, we will not take further action 
on this proposed rule. If we receive adverse comment on a distinct 
portion of the direct final rule, we will withdraw that portion of the 
rule and it will not take effect. In this instance, we would address 
all public comments in any subsequent final rule based on this proposed 
rule.
    If we receive adverse comment on a distinct provision of the direct 
final rule, we will publish a timely withdrawal in the Federal Register 
indicating which provisions we are withdrawing. The provisions that are 
not withdrawn will become effective on the date set out in the direct 
final rule, notwithstanding adverse comment on any other provision. We 
do not intend to institute a second comment period on this action. Any 
parties interested in commenting must do so at this time.
    The regulatory text for this proposal is identical to that for the 
direct final rule published in the ``Rules and Regulations'' section of 
this Federal Register. For further supplementary information, the 
detailed rationale for this proposal and the regulatory revisions, see 
the direct final rule published in the ``Rules and Regulations'' 
section of this Federal Register.

II. Does this action apply to me?

    Categories and entities potentially regulated by this proposed rule 
include:

------------------------------------------------------------------------
                                                                  NAICS
                            Category                               Code
                                                                   \1\
------------------------------------------------------------------------
Portland cement manufacturing facilities.......................   327310
------------------------------------------------------------------------
\1\ North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
proposed rule. To determine whether your facility is affected, you 
should examine the applicability criteria in 40 CFR 63.1340. If you 
have any questions regarding the applicability of any aspect of this 
this action to a particular entity, consult either the air permitting 
authority for the entity or your EPA Regional representative as listed 
in 40 CFR 63.13.

III. Statutory and Executive Orders

    For a complete discussion of the administrative requirements 
applicable to this action, see the direct final rule in the ``Rules and 
Regulations'' section of this Federal Register.

    Dated: July 14, 2016.
Gina McCarthy,
Administrator.
[FR Doc. 2016-17292 Filed 7-22-16; 8:45 am]
 BILLING CODE 6560-50-P

48372 Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Proposed Rules

should apply to ‘‘Subpart A respective successors, and any entity PART 385—RATES AND TERMS FOR
Configurations made and distributed by controlling, controlled by, or under common USE OF MUSICAL WORKS UNDER
or on behalf of UMG and WMG’’ and, control with any such entity, when it has COMPULSORY LICENSE FOR MAKING
in the Judges’ discretion, to other obtained a compulsory license under 17
U.S.C. 115, and the implementing
AND DISTRIBUTING OF PHYSICAL
licensees. Motion at 3. regulations, to make and distribute AND DIGITAL PHONORECORDS
Section 801(b)(7)(A) of the Copyright phonorecords of a nondramatic musical
Act authorizes the Judges to adopt rates work, including by means of a digital ■ 1. The authority citation for part 385
and terms negotiated by ‘‘some or all of phonorecord delivery. continues to read as follows:
the participants in a proceeding at any Authority: 17 U.S.C. 115, 801(b)(1),
time during the proceeding’’ provided The Judges solicit comments on
whether they should adopt the proposed 804(b)(4).
they are submitted to the Judges for
approval. This section provides that regulations, including the change in the § 385.1 [Amended]
Judges shall provide notice and an cross reference, as statutory rates and ■ 2. Section 385.1(a) is amended by
opportunity to comment on the terms relating to the making and adding ‘‘, during the period January 1,
agreement to (1) those that would be distribution of physical or digital 2018, through December 31, 2022’’ after
bound and (2) participants in the phonorecords of nondramatic musical ‘‘17 U.S.C. 115’’.
proceeding that would be bound by the works for the participants that
terms, rates, or other determination set submitted the Motion. In addition, the § 385.4 [Amended]
by the agreement. See section Judges seek comment on whether they ■ 3. Section 385.4 is amended by
801(b)(7)(A). The Judges may decline to should apply the rates and terms in the removing ‘‘§ 201.19(e)(7)(i)’’ and adding
adopt the agreement as a basis for partial settlement to all copyright ‘‘§ 210.16(g)(1)’’ in its place.
statutory terms and rates for participants owners and licensees and whether they
Dated: July 19, 2016.
not party to the agreement if any should specify the five-year period in
the regulation. Suzanne M. Barnett,
participant objects and the Judges Chief Copyright Royalty Judge.
conclude that the agreement does not Comments and objections must be
[FR Doc. 2016–17437 Filed 7–22–16; 8:45 am]
provide a reasonable basis for setting submitted no later than August 24,
2016. BILLING CODE 1410–72–P
statutory terms or rates. Id.
If the Judges adopt rates and terms
How To Submit Comments
reached pursuant to a negotiated
settlement, those rates and terms are Interested members of the public must ENVIRONMENTAL PROTECTION
binding on all copyright owners of submit comments to only one of the AGENCY
musical works and those using the following addresses. If not commenting
musical works in the activities by email or online, commenters must 40 CFR Part 63
described in the proposed regulations. submit an original of their comments, [EPA–HQ–OAR–2011–0817; FRL–9949–45–
Proposed Adjustments to Rates and five paper copies, and an electronic OAR]
Terms version in searchable PDF format on a
CD. RIN 2060–AS98
In publishing the parties’ proposed
Email: crb@loc.gov; or National Emission Standards for
rates and terms, the Judges are making
the requested change in the cross Online: http://www.regulations.gov; or Hazardous Air Pollutants for the
reference because it is clearly outdated. U.S. mail: Copyright Royalty Board, Portland Cement Manufacturing
The text of the section it refers to merely P.O .Box 70977, Washington, DC 20024– Industry
says ‘‘reserved.’’ In addition, the Judges 0977; or
AGENCY: Environmental Protection
propose adding the dates of the five-year Overnight service (only USPS Express Agency (EPA).
period to the ‘‘General’’ section in order Mail is acceptable): Copyright Royalty
ACTION: Proposed rule.
to specify the applicable dates of the Board, P.O. Box 70977, Washington, DC
rates and terms. 20024–0977; or SUMMARY: The Environmental Protection
In the event the Judges determine not Commercial courier: Address package Agency (EPA) is proposing to amend the
to adopt the proposed regulations for all to: Copyright Royalty Board, Library of National Emission Standards for
copyright owners of musical works Congress, James Madison Memorial Hazardous Air Pollutants for the
licensed under section 115 for the Building, LM–403, 101 Independence Portland Cement Manufacturing
making or distributing of physical or Avenue SE., Washington, DC 20559– Industry. In the ‘‘Rules and
digital phonorecords, the parties have 6000. Deliver to: Congressional Courier Regulations’’ section of this Federal
proposed the following revised Acceptance Site, 2nd Street NE., and D Register, we are publishing a direct final
definition of licensee 2, which would Street NE., Washington, DC; or rule, without a prior proposed rule, that
make the rates in the partial settlement corrects an inadvertent error and
applicable only to ‘‘Subpart A Hand delivery: Library of Congress,
James Madison Memorial Building, LM– temporarily revises the testing and
Configurations made and distributed by monitoring requirements for
or on behalf of [licensees] UMG and 401, 101 Independence Avenue SE.,
Washington, DC 20559–6000. hydrochloric acid (HCl) due to the
WMG’’: current unavailability of a calibration
mstockstill on DSK3G9T082PROD with PROPOSALS

Licensee is Capitol Christian Music Group, List of Subjects in 37 CFR Part 385 gas used for quality assurance purposes.
Inc., Capitol Records, LLC, UMG Recordings,
Copyright, Phonorecords, Recordings. If we receive no adverse comment, we
Inc., Warner Music Inc., any of their
will not take further action on this
2 The current definition is: ‘‘Licensee is a person
Proposed Regulations proposed rule.
or entity that has obtained a compulsory license For the reasons set forth in the DATES: Written comments must be
under 17 U.S.C. 115, and the implementing received by August 24, 2016.
regulations, to make and distribute phonorecords of
preamble, the Copyright Royalty Judges
a nondramatic musical work, including by means propose to amend 37 CFR part 385 as ADDRESSES: Submit your comments,
of a digital phonorecord delivery.’’ 37 CFR 385.2. follows: identified by Docket ID No. EPA–HQ–

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Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Proposed Rules 48373

OAR–2011–0817, to the Federal subsequent final rule based on this ENVIRONMENTAL PROTECTION
eRulemaking Portal: http:// proposed rule. AGENCY
www.regulations.gov. If we receive adverse comment on a
Follow the online instructions for 40 CFR Part 171
distinct provision of the direct final
submitting comments. Once submitted, rule, we will publish a timely [EPA–HQ–OPP–2011–0183; FRL–9947–75]
comments cannot be edited or withdrawal in the Federal Register
withdrawn. The EPA may publish any RIN 2070–AJ20
indicating which provisions we are
comment received to its public docket. withdrawing. The provisions that are Notification of Submission to the
Do not submit electronically any not withdrawn will become effective on Secretary of Agriculture; Pesticides;
information you consider to be Certification of Pesticide Applicators
the date set out in the direct final rule,
Confidential Business Information (CBI)
notwithstanding adverse comment on AGENCY: Environmental Protection
or other information whose disclosure is
any other provision. We do not intend Agency (EPA).
restricted by statute. Multimedia
submissions (audio, video, etc.) must be to institute a second comment period on
ACTION: Notification of submission to
accompanied by a written comment. this action. Any parties interested in the Secretary of Agriculture.
The written comment is considered the commenting must do so at this time.
official comment and should include The regulatory text for this proposal is SUMMARY: This document notifies the
discussion of all points you wish to identical to that for the direct final rule public as required by the Federal
make. The EPA will generally not published in the ‘‘Rules and Insecticide, Fungicide, and Rodenticide
consider comments or comment Regulations’’ section of this Federal Act (FIFRA) that the EPA Administrator
contents located outside of the primary has forwarded to the Secretary of the
Register. For further supplementary
submission (i.e., on the Web, Cloud, or United States Department of Agriculture
information, the detailed rationale for
other file sharing system). For (USDA) a draft regulatory document
this proposal and the regulatory
additional submission methods, the full concerning the certification of pesticide
revisions, see the direct final rule applicators rule revisions. The draft
EPA public comment policy, published in the ‘‘Rules and
information about CBI or multimedia regulatory document is not available to
Regulations’’ section of this Federal the public until after it has been signed
submissions, and general guidance on Register.
making effective comments, please visit and made available by EPA.
http://www2.epa.gov/dockets/ II. Does this action apply to me? DATES : See Unit I. under SUPPLEMENTARY
commenting-epa-dockets. INFORMATION.
Categories and entities potentially ADDRESSES: The docket for this action,
FOR FURTHER INFORMATION CONTACT: Ms. regulated by this proposed rule include: identified by docket identification (ID)
Sharon Nizich, Sector Policies and
Programs Division (D243–02), Office of number EPA–HQ–OPP–2011–0183, is
NAICS available at http://www.regulations.gov
Air Quality Planning and Standards, Category Code 1
U.S. Environmental Protection Agency, or at the Office of Pesticide Programs
Research Triangle Park, North Carolina Portland cement manufacturing fa- Regulatory Docket (OPP Docket) in the
27711; telephone number: (919) 541– cilities ............................................ 327310 Environmental Protection Agency
2825; fax number: (919) 541–5450; and Docket Center (EPA/DC), West William
1 North American Industry Classification Jefferson Clinton Bldg., Rm. 3334, 1301
email address: nizich.sharon@epa.gov. System. Constitution Ave. NW., Washington, DC
SUPPLEMENTARY INFORMATION: 20460–0001. The Public Reading Room
This table is not intended to be
I. Why is the EPA issuing this proposed exhaustive, but rather provides a guide is open from 8:30 a.m. to 4:30 p.m.,
rule? for readers regarding entities likely to be Monday through Friday, excluding legal
holidays. The telephone number for the
This document proposes to take regulated by this proposed rule. To
Public Reading Room is (202) 566–1744,
action on amendments to the National determine whether your facility is
and the telephone number for the OPP
Emission Standards for Hazardous affected, you should examine the Docket is (703) 305–5805. Please review
Pollutants for the Portland Cement applicability criteria in 40 CFR 63.1340. the visitor instructions and additional
Manufacturing Industry. We have If you have any questions regarding the information about the docket available
published a direct final rule to amend applicability of any aspect of this this at http://www.epa.gov/dockets.
40 CFR part 63, subpart LLL by action to a particular entity, consult FOR FURTHER INFORMATION CONTACT:
correcting an inadvertent error and either the air permitting authority for Michelle Arling, Field and External
revising the testing and monitoring the entity or your EPA Regional Affairs Division (7506P), Office of
requirements for HCl in the ‘‘Rules and representative as listed in 40 CFR 63.13. Pesticide Programs, Environmental
Regulations’’ section of this Federal Protection Agency, 1200 Pennsylvania
III. Statutory and Executive Orders
Register because we view this as a Ave. NW., Washington, DC 20460–0001;
noncontroversial action and anticipate For a complete discussion of the telephone number: (703) 308–5891;
no adverse comment. We have administrative requirements applicable email address: arling.michelle@epa.gov.
explained our reasons for this action in to this action, see the direct final rule in SUPPLEMENTARY INFORMATION:
the preamble to the direct final rule. the ‘‘Rules and Regulations’’ section of
mstockstill on DSK3G9T082PROD with PROPOSALS

If we receive no adverse comment, we I. What action is EPA taking?
this Federal Register.
will not take further action on this Section 25(a)(2)(B) of FIFRA requires
Dated: July 14, 2016.
proposed rule. If we receive adverse the EPA Administrator to provide the
comment on a distinct portion of the Gina McCarthy, Secretary of USDA with a copy of any
direct final rule, we will withdraw that Administrator. draft final rule at least 30 days before
portion of the rule and it will not take [FR Doc. 2016–17292 Filed 7–22–16; 8:45 am] signing it in final form for publication
effect. In this instance, we would BILLING CODE 6560–50–P in the Federal Register. The draft final
address all public comments in any rule is not available to the public until

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Document Created: 2016-07-23 02:00:41
Document Modified: 2016-07-23 02:00:41

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		Written comments must be received by August 24, 2016.
Contact		Ms. Sharon Nizich, Sector Policies and Programs Division (D243-02), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541-2825; fax
FR Citation		81 FR 48372
RIN Number		2060-AS98