81 FR 83160 - Revisions to Procedure 2-Quality Assurance Requirements for Particulate Matter Continuous Emission Monitoring Systems at Stationary Sources
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 224 (November 21, 2016)
Federal Register Volume 81, Issue 224 (November 21, 2016)
| Page Range | 83160-83163 | |
| FR Document | 2016-27849 |
[Federal Register Volume 81, Number 224 (Monday, November 21, 2016)] [Rules and Regulations] [Pages 83160-83163] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-27849] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 60 [EPA-HQ-OAR-2016-0382; FRL-9955-20-OAR] RIN 2060-AT15 Revisions to Procedure 2--Quality Assurance Requirements for Particulate Matter Continuous Emission Monitoring Systems at Stationary Sources AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action to update a procedure in the New Source Performance Standards (NSPS). The procedure provides the ongoing quality assurance/ quality control (QA/QC) procedures for assessing the acceptability of particulate matter (PM) continuous emissions monitoring systems (CEMS). The procedure explains the criteria for passing an annual response correlation audit (RCA) and the criteria for passing an annual relative response audit (RRA). The procedure currently contains a requirement that the annual QA/QC test results for affected facilities must fall within the same response range that was used to develop the existing PM CEMS correlation curve. As a result, some facilities are unable to meet the criteria for passing their annual QA/QC test because their emissions are now lower than the range previously set during their correlation testing. We are modifying the procedure to allow facilities to extend their PM CEMS correlation regression line to the lowest PM CEMS response obtained during the annual RCA or RRA, when these PM CEMS responses are less than the lowest response used to develop the existing correlation curve. This change will ensure that facilities that have reduced their emissions since completing their correlation testing will no longer be penalized because their lower emissions fall outside their initial response range. This action also corrects a typographical error in the procedure. DATES: This rule is effective on February 21, 2017 without further notice, unless the EPA receives adverse comment by December 21, 2016. If the EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ- OAR-2016-0382, 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 (e.g., 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: Questions concerning this direct final rule should be addressed to Ms. Kimberly Garnett, U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Air Quality Assessment Division, Measurement Technology Group (E143-02), Research Triangle Park, NC 27711; telephone number: (919) 541-1158; fax number: (919) 541-0516; email address: [email protected]. SUPPLEMENTARY INFORMATION: The information in this SUPPLEMENTARY INFORMATION section of this preamble is organized as follows: I. General Information A. Why is the EPA using a direct final rule? B. Does this action apply to me? C. Where can I obtain a copy of this action? D. Judicial Review II. This Final Action III. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive [[Page 83161]] Order 13563: Improving Regulation and Regulatory Review B. Paperwork Reduction Act (PRA) C. Regulatory Flexibility Act (RFA) D. Unfunded Mandates Reform Act (UMRA) E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments G. Executive Order 13045: Protection of Children from Environmental Health Risks and Safety Risks H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer and Advancement Act J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations K. Congressional Review Act (CRA) L. Determination Under Section 307(d) I. General Information A. Why is the EPA using a direct final rule? The EPA is publishing this rule without a prior proposed rule because we view this as a non-controversial action and anticipate no adverse comment. This action modifies Procedure 2, sections 10.4(5) and (6), to allow facilities that have reduced their PM emissions since their PM CEMS correlation curve was developed to extend their correlation regression line to the point corresponding to the lowest PM CEMS response obtained during an annual RCA or RRA. This extended correlation regression line will then be used to determine if results of this RCA or RRA meet the criteria specified in section 10.4, paragraphs (5) and (6) of Procedure 2, respectively. This change will ensure that facilities that have reduced their emissions since completing their correlation testing will no longer be penalized because their lower emissions fall outside their initial response range. This action also corrects a typographical error in the introduction to section 10.4, paragraph (6) of Procedure 2. In the ``Proposed Rules'' section of this Federal Register publication, we are publishing a separate proposed rule to modify Procedure 2. If the EPA receives any significant and relevant adverse comments, we will publish a timely withdrawal in the Federal Register informing the public that this direct final rule will not take effect. In that case, we would address all public comments in any subsequent final rule based on the proposed rule. We will not institute a second comment period on the proposed rule. Any parties interested in commenting must do so at this time. For further information about commenting on the proposed rule, see the ADDRESSES section of this direct final rule. B. Does this action apply to me? The entities potentially affected by this rule include any facility that is required to install and operate a PM CEMS under any provision of title 40 of the CFR. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed in the FOR FURTHER INFORMATION CONTACT section of this document. C. Where can I obtain a copy of this action? In addition to being available in the docket, an electronic copy of this rule will also be available online at http://www3.epa.gov/ttn/emc/new.html. D. Judicial Review. Under section 307(b)(1) of the Clean Air Act (CAA), petitions for judicial review of this action must be filed in the United States Court of Appeals for the District of Columbia Circuit by January 20, 2017. Clean Air Act section 307(d)(7)(B) further provides that ``[o]nly an objection to a rule or procedure that was raised with reasonable specificity during the period for public comment (including any public hearing) may be raised during judicial review.'' This section also provides a mechanism for the EPA to reconsider the rule ``[i]f the person raising an objection can demonstrate to the Administrator that it was impracticable to raise such objection within [the period for public comment] 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.'' Any person seeking to make such a demonstration should submit a Petition for Reconsideration to the Office of the Administrator, U.S. EPA, Room 3000, EPA WJC, 1200 Pennsylvania Ave. NW., Washington, DC 20460, with a copy to both the person(s) listed in the preceding FOR FURTHER INFORMATION CONTACT section of this direct final rule, and the Associate General Counsel for the Air and Radiation Law Office, Office of General Counsel (Mail Code 2344A), U.S. EPA, 1200 Pennsylvania Ave. NW., Washington, DC 20460. Filing a petition for reconsideration by the Administrator of this final action does not affect the finality of this action for the purposes of judicial review, nor does it extend the time within which a petition for judicial review must be filed, and shall not postpone the effectiveness of this action. This action may not be challenged later in proceedings to enforce its requirements (see section 307(b)(2) of the CAA). Rather than file an immediate petition for judicial review of this direct final rule, parties with objections are encouraged to file comments in response to the parallel notice of proposed rulemaking published in the ``Proposed Rules'' section of today's Federal Register to allow the EPA to withdraw this direct final rule and address the comment(s) in the final rulemaking. II. This Final Action On January 12, 2004, the EPA promulgated Procedure 2--Quality Assurance Requirements for Particulate Matter Continuous Emission Monitoring Systems at Stationary Sources (69 FR 1786). Procedure 2, sections 10.4(5) and (6), contain the requirement that when conducting the annual RCA or RRA QA/QC test procedures, a specified amount of the required number of PM CEMS response values, or data points, must lie within the PM CEMS response range used to develop the PM CEMS correlation curve. In other words, when conducting the annual QA/QC tests, the PM CEMS response values should not be higher or lower than the values used to develop the correlation curve for that PM CEMS. Recently, as PM emission limits have been reduced and facilities have installed more robust PM emission control devices, a number of facilities have found that their PM emissions are lower than their PM CEMS correlation curve. As a result, the facilities are now unable to meet the criteria for a passing the annual Procedure 2 QA/QC tests. In order to rectify this situation, we are modifying Procedure 2, sections 10.4(5) and (6), to allow facilities to extend their correlation regression line to the lowest PM CEMS response obtained during a RCA or RRA. When a RCA or RRA is performed, if any of the PM CEMS response values are lower than the response range of the existing correlation curve, the facility will take the existing correlation regression line and extend it to the lowest PM CEMS response value found during the annual RCA or RRA. The extension of the existing regression line will be accomplished by using the lowest PM CEMS response value, or x-value, found during the RCA or RRA, solving the regression line equation for the corresponding y-value and then extending the regression line to this new lowest point. This extended correlation regression line will then be used to determine if the RCA or RRA data meet [[Page 83162]] the criteria specified for a RCA or a RRA, in section 10.4(5) and (6), respectively. This action also corrects a typographical error in the introduction to section 10.4, paragraph (6) of Procedure 2. Paragraph (6) which originally read, ``To pass an RRA, you must meet the criteria specified in paragraphs (6)(i) and (ii) . . .'', is being corrected to read: ``To pass an RRA, you must meet the criteria specified in paragraphs (6)(i) through (iii) . . .'' Without this revision, paragraph (6)(iii) would remain unused in Procedure 2. This typographical correction is necessary to fulfill the intent of Procedure 2, section 10.4(6), when promulgated. See 69 FR 1786. III. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and was, therefore, not submitted to the Office of Management and Budget (OMB) for review. B. Paperwork Reduction Act (PRA) This action does not impose an information collection burden under the PRA. This action does not contain any information collection activities. C. Regulatory Flexibility Act (RFA) I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. This action will not impose any requirements on small entities. There are no small entities in the regulated industry for which Procedure 2 applies. D. Unfunded Mandates Reform Act (UMRA) This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. This action imposes no enforceable duty on any state, local or tribal governments, or the private sector. E. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications, as specified in Executive Order 13175. Procedure 2 is applicable to facility owners and operators who are responsible for one or more PM CEMS used for monitoring emissions. Thus, Executive Order 13175 does not apply to this action. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ``covered regulatory action'' in section 2-202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not concern an environmental health risk or safety risk. H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211 because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act This rulemaking does not involve technical standards. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA believes that this action is not subject to Executive Order 12898 (59 FR 7629, February 16, 1994) because it does not establish an environmental health or safety standard. This regulatory action is a procedural change and does not have any impact on human health or the environment. K. Congressional Review Act This action is subject to the CRA, and the EPA will submit a rule report to each House of Congress and to the Comptroller General of the United States. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). L. Determination Under Section 307(d) Pursuant to CAA section 307(d)(1)(V), the Administrator determines that this action is subject to provisions of section 307(d). Section 307(d) establishes procedural requirements specific to rulemaking under the CAA. Section 307(d)(1)(V) provides that the provisions of section 307(d) apply to ``such other actions as the Administrator may determine.'' List of Subjects in 40 CFR Part 60 Environmental protection, Administrative practice and procedure, Air pollution control, Continuous emission monitoring systems, Particulate matter, Procedures. Dated: November 8, 2016. Gina McCarthy, Administrator. For the reasons stated in the preamble, title 40, chapter I of the Code of Federal Regulations is amended as follows: PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES 0 1. The authority citation for Part 60 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. 0 2. In Appendix F, Procedure 2, in section 10.4, paragraphs (5) and (6) are revised to read as follows: Appendix F to Part 60--Quality Assurance Procedures * * * * * Procedure 2--Quality Assurance Requirements for Particulate Matter Continuous Emission Monitoring Systems at Stationary Sources 10.4 * * * (5) What are the criteria for passing a RCA? To pass a RCA, you must meet the criteria specified in paragraphs (5)(i) through (iii) of this section. If your PM CEMS fails to meet these RCA criteria, it is out of control, with the following exception: If any of the PM CEMS response values resulting from your RCA are lower than the lowest PM CEMS response value of your existing correlation curve, you may extend your correlation regression line to the point corresponding to the lowest PM CEMS response value obtained during the RCA. This extended correlation regression line must then be used to determine if the RCA data meets the criteria specified in paragraphs (5)(i) through (iii) of this section. (i) For all 12 data points, the PM CEMS response value can be no greater than the greatest PM CEMS response value used to develop your correlation curve. (ii) For 9 of the 12 data points, the PM CEMS response value must lie within the PM CEMS output range used to develop your correlation curve. (iii) At least 75 percent of a minimum number of 12 sets of PM CEMS and reference method measurements must fall within a specified area on a graph of the correlation regression line. The specified area on the graph of the correlation regression line is [[Page 83163]] defined by two lines parallel to the correlation regression line, offset at a distance of25 percent of the numerical emission limit value from the correlation regression line. (6) What are the criteria to pass a RRA? To pass a RRA, you must meet the criteria specified in paragraphs (6)(i) through (iii) of this section. If your PM CEMS fails to meet these RRA criteria, it is out of control, with the following exception: If any of the PM CEMS response values resulting from your RRA are lower than the lowest PM CEMS response value of your existing correlation curve, you may extend your correlation regression line to the point corresponding to the lowest PM CEMS response value obtained during the RRA; this extended correlation regression line must then be used to determine if the RRA data meets the criteria specified in paragraphs (6)(i) through (iii) of this section. (i) For all three data points, the PM CEMS response value can be no greater than the greatest PM CEMS response value used to develop your correlation curve. (ii) For two of the three data points, the PM CEMS response value must lie within the PM CEMS output range used to develop your correlation curve. (iii) At least two of the three sets of PM CEMS and reference method measurements must fall within the same specified area on a graph of the correlation regression line as required for the RCA and described in paragraph (5)(iii) of this section. * * * * * [FR Doc. 2016-27849 Filed 11-18-16; 8:45 am] BILLING CODE 6560-50-P
![83160 Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Rules and Regulations
■ 3. Section 52.1881 is amended by has been approved as submitted on Authority: 42 U.S.C. 7401, et seq.
adding paragraph (a)(16) to read as August 11, 2015.
follows: ■ 5. Section 81.336 is amended by
* * * * * revising the entry for ‘‘Campbell-
§ 52.1881 Control strategy: Sulfur oxides Clermont Counties, KY-OH’’ in the table
(sulfur dioxide). PART 81–-DESIGNATION OF AREAS
entitled ‘‘Ohio—2010 Sulfur Dioxide
(a) * * * FOR AIR QUALITY PLANNING
NAAQS [Primary]’’ to read as follows:
(16) Approval—The 2010 SO2 PURPOSES
maintenance plan for the Ohio portion § 81.336 Ohio.
of the Campbell-Clermont KY-OH ■ 4. The authority citation for part 81 * * * * *
(Pierce Township, Clermont County), continues to read as follows:
OHIO—2010 SULFUR DIOXIDE NAAQS
[Primary]
Designation
Designated area
Date Type
Campbell-Clermont Counties, KY-OH 1 ................................................................................................................ 11/21/16 Attainment.
Clermont County (part):
Pierce Township
* * * * * *
1 Excludes Indian country located in each area, if any, unless otherwise specified.
* * * * * facilities are unable to meet the criteria Multimedia submissions (audio, video,
[FR Doc. 2016–27852 Filed 11–18–16; 8:45 am] for passing their annual QA/QC test etc.) must be accompanied by a written
BILLING CODE 6560–50–P because their emissions are now lower comment. The written comment is
than the range previously set during considered the official comment and
their correlation testing. We are should include discussion of all points
ENVIRONMENTAL PROTECTION modifying the procedure to allow you wish to make. The EPA will
AGENCY facilities to extend their PM CEMS generally not consider comments or
correlation regression line to the lowest comment contents located outside of the
40 CFR Part 60 PM CEMS response obtained during the primary submission (e.g., on the Web,
[EPA–HQ–OAR–2016–0382; FRL–9955–20– annual RCA or RRA, when these PM Cloud, or other file sharing system). For
OAR] CEMS responses are less than the lowest additional submission methods, the full
RIN 2060–AT15
response used to develop the existing EPA public comment policy,
correlation curve. This change will information about CBI or multimedia
Revisions to Procedure 2—Quality ensure that facilities that have reduced submissions, and general guidance on
Assurance Requirements for their emissions since completing their making effective comments, please visit
Particulate Matter Continuous correlation testing will no longer be http://www2.epa.gov/dockets/
Emission Monitoring Systems at penalized because their lower emissions commenting-epa-dockets.
Stationary Sources fall outside their initial response range.
FOR FURTHER INFORMATION CONTACT:
This action also corrects a typographical
AGENCY: Environmental Protection Questions concerning this direct final
error in the procedure.
Agency (EPA). rule should be addressed to Ms.
DATES: This rule is effective on February Kimberly Garnett, U.S. Environmental
ACTION: Direct final rule. 21, 2017 without further notice, unless Protection Agency, Office of Air Quality
SUMMARY: The Environmental Protection the EPA receives adverse comment by Planning and Standards, Air Quality
Agency (EPA) is taking direct final December 21, 2016. If the EPA receives Assessment Division, Measurement
action to update a procedure in the New adverse comment, we will publish a Technology Group (E143–02), Research
Source Performance Standards (NSPS). timely withdrawal in the Federal Triangle Park, NC 27711; telephone
The procedure provides the ongoing Register informing the public that the number: (919) 541–1158; fax number:
quality assurance/quality control (QA/ rule will not take effect. (919) 541-0516; email address:
QC) procedures for assessing the ADDRESSES: Submit your comments, garnett.kim@epa.gov.
acceptability of particulate matter (PM) identified by Docket ID No. EPA–HQ– SUPPLEMENTARY INFORMATION: The
continuous emissions monitoring OAR–2016–0382, to the Federal information in this SUPPLEMENTARY
systems (CEMS). The procedure eRulemaking Portal: http:// INFORMATION section of this preamble is
explains the criteria for passing an www.regulations.gov. Follow the online organized as follows:
annual response correlation audit (RCA) instructions for submitting comments.
asabaliauskas on DSK3SPTVN1PROD with RULES
and the criteria for passing an annual Once submitted, comments cannot be I. General Information
A. Why is the EPA using a direct final rule?
relative response audit (RRA). The edited or withdrawn. The EPA may
B. Does this action apply to me?
procedure currently contains a publish any comment received to its C. Where can I obtain a copy of this action?
requirement that the annual QA/QC test public docket. Do not submit D. Judicial Review
results for affected facilities must fall electronically any information you II. This Final Action
within the same response range that was consider to be Confidential Business III. Statutory and Executive Order Reviews
used to develop the existing PM CEMS Information (CBI) or other information A. Executive Order 12866: Regulatory
correlation curve. As a result, some whose disclosure is restricted by statute. Planning and Review and Executive
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Order 13563: Improving Regulation and this time. For further information about postpone the effectiveness of this action.
Regulatory Review commenting on the proposed rule, see This action may not be challenged later
B. Paperwork Reduction Act (PRA) the ADDRESSES section of this direct in proceedings to enforce its
C. Regulatory Flexibility Act (RFA)
final rule. requirements (see section 307(b)(2) of
D. Unfunded Mandates Reform Act
(UMRA) the CAA).
B. Does this action apply to me? Rather than file an immediate petition
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation The entities potentially affected by for judicial review of this direct final
and Coordination With Indian Tribal this rule include any facility that is rule, parties with objections are
Governments required to install and operate a PM encouraged to file comments in
G. Executive Order 13045: Protection of CEMS under any provision of title 40 of response to the parallel notice of
Children from Environmental Health the CFR. If you have any questions proposed rulemaking published in the
Risks and Safety Risks regarding the applicability of this action ‘‘Proposed Rules’’ section of today’s
H. Executive Order 13211: Actions to a particular entity, consult the person
Concerning Regulations That
Federal Register to allow the EPA to
Significantly Affect Energy Supply, listed in the FOR FURTHER INFORMATION withdraw this direct final rule and
Distribution, or Use CONTACT section of this document. address the comment(s) in the final
I. National Technology Transfer and C. Where can I obtain a copy of this rulemaking.
Advancement Act
action? II. This Final Action
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in In addition to being available in the On January 12, 2004, the EPA
Minority Populations and Low-Income docket, an electronic copy of this rule promulgated Procedure 2—Quality
Populations will also be available online at http:// Assurance Requirements for Particulate
K. Congressional Review Act (CRA) www3.epa.gov/ttn/emc/new.html. Matter Continuous Emission Monitoring
L. Determination Under Section 307(d)
D. Judicial Review. Systems at Stationary Sources (69 FR
I. General Information 1786). Procedure 2, sections 10.4(5) and
Under section 307(b)(1) of the Clean (6), contain the requirement that when
A. Why is the EPA using a direct final Air Act (CAA), petitions for judicial conducting the annual RCA or RRA QA/
rule? review of this action must be filed in the QC test procedures, a specified amount
The EPA is publishing this rule United States Court of Appeals for the of the required number of PM CEMS
without a prior proposed rule because District of Columbia Circuit by January response values, or data points, must lie
we view this as a non-controversial 20, 2017. Clean Air Act section within the PM CEMS response range
action and anticipate no adverse 307(d)(7)(B) further provides that used to develop the PM CEMS
comment. This action modifies ‘‘[o]nly an objection to a rule or correlation curve. In other words, when
Procedure 2, sections 10.4(5) and (6), to procedure that was raised with conducting the annual QA/QC tests, the
allow facilities that have reduced their reasonable specificity during the period PM CEMS response values should not
PM emissions since their PM CEMS for public comment (including any be higher or lower than the values used
correlation curve was developed to public hearing) may be raised during to develop the correlation curve for that
extend their correlation regression line judicial review.’’ This section also PM CEMS. Recently, as PM emission
to the point corresponding to the lowest provides a mechanism for the EPA to limits have been reduced and facilities
PM CEMS response obtained during an reconsider the rule ‘‘[i]f the person have installed more robust PM emission
annual RCA or RRA. This extended raising an objection can demonstrate to control devices, a number of facilities
correlation regression line will then be the Administrator that it was have found that their PM emissions are
used to determine if results of this RCA impracticable to raise such objection lower than their PM CEMS correlation
or RRA meet the criteria specified in within [the period for public comment] curve. As a result, the facilities are now
section 10.4, paragraphs (5) and (6) of or if the grounds for such objection unable to meet the criteria for a passing
Procedure 2, respectively. This change arose after the period for public the annual Procedure 2 QA/QC tests.
will ensure that facilities that have comment (but within the time specified In order to rectify this situation, we
reduced their emissions since for judicial review) and if such objection are modifying Procedure 2, sections
completing their correlation testing will is of central relevance to the outcome of 10.4(5) and (6), to allow facilities to
no longer be penalized because their the rule.’’ Any person seeking to make extend their correlation regression line
lower emissions fall outside their initial such a demonstration should submit a to the lowest PM CEMS response
response range. This action also corrects Petition for Reconsideration to the obtained during a RCA or RRA. When
a typographical error in the introduction Office of the Administrator, U.S. EPA, a RCA or RRA is performed, if any of the
to section 10.4, paragraph (6) of Room 3000, EPA WJC, 1200 PM CEMS response values are lower
Procedure 2. In the ‘‘Proposed Rules’’ Pennsylvania Ave. NW., Washington, than the response range of the existing
section of this Federal Register DC 20460, with a copy to both the correlation curve, the facility will take
publication, we are publishing a person(s) listed in the preceding FOR the existing correlation regression line
separate proposed rule to modify FURTHER INFORMATION CONTACT section of and extend it to the lowest PM CEMS
Procedure 2. If the EPA receives any this direct final rule, and the Associate response value found during the annual
significant and relevant adverse General Counsel for the Air and RCA or RRA. The extension of the
comments, we will publish a timely Radiation Law Office, Office of General existing regression line will be
withdrawal in the Federal Register Counsel (Mail Code 2344A), U.S. EPA, accomplished by using the lowest PM
asabaliauskas on DSK3SPTVN1PROD with RULES
informing the public that this direct 1200 Pennsylvania Ave. NW., CEMS response value, or x-value, found
final rule will not take effect. In that Washington, DC 20460. Filing a petition during the RCA or RRA, solving the
case, we would address all public for reconsideration by the Administrator regression line equation for the
comments in any subsequent final rule of this final action does not affect the corresponding y-value and then
based on the proposed rule. We will not finality of this action for the purposes of extending the regression line to this new
institute a second comment period on judicial review, nor does it extend the lowest point. This extended correlation
the proposed rule. Any parties time within which a petition for judicial regression line will then be used to
interested in commenting must do so at review must be filed, and shall not determine if the RCA or RRA data meet
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defined by two lines parallel to the available at http://www.regulations.gov proper receipt by EPA, you must
correlation regression line, offset at a or at the Office of Pesticide Programs identify docket ID number EPA–HQ–
distance of ±25 percent of the numerical Regulatory Public Docket (OPP Docket) OPP–2014–0613 in the subject line on
emission limit value from the correlation in the Environmental Protection Agency the first page of your submission. All
regression line.
(6) What are the criteria to pass a RRA? To
Docket Center (EPA/DC), West William objections and requests for a hearing
pass a RRA, you must meet the criteria Jefferson Clinton Bldg., Rm. 3334, 1301 must be in writing, and must be
specified in paragraphs (6)(i) through (iii) of Constitution Ave. NW., Washington, DC received by the Hearing Clerk on or
this section. If your PM CEMS fails to meet 20460–0001. The Public Reading Room before January 20, 2017. Addresses for
these RRA criteria, it is out of control, with is open from 8:30 a.m. to 4:30 p.m., mail and hand delivery of objections
the following exception: If any of the PM Monday through Friday, excluding legal and hearing requests are provided in 40
CEMS response values resulting from your holidays. The telephone number for the CFR 178.25(b).
RRA are lower than the lowest PM CEMS Public Reading Room is (202) 566–1744, In addition to filing an objection or
response value of your existing correlation and the telephone number for the OPP hearing request with the Hearing Clerk
curve, you may extend your correlation as described in 40 CFR part 178, please
regression line to the point corresponding to
Docket is (703) 305–5805. Please review
the visitor instructions and additional submit a copy of the filing (excluding
the lowest PM CEMS response value
obtained during the RRA; this extended information about the docket available any Confidential Business Information
correlation regression line must then be used at http://www.epa.gov/dockets. (CBI)) for inclusion in the public docket.
to determine if the RRA data meets the FOR FURTHER INFORMATION CONTACT:
Information not marked confidential
criteria specified in paragraphs (6)(i) through Michael Goodis, Registration Division pursuant to 40 CFR part 2 may be
(iii) of this section. (7505P), Office of Pesticide Programs, disclosed publicly by EPA without prior
(i) For all three data points, the PM CEMS
Environmental Protection Agency, 1200 notice. Submit the non-CBI copy of your
response value can be no greater than the objection or hearing request, identified
greatest PM CEMS response value used to Pennsylvania Ave. NW., Washington,
DC 20460–0001; main telephone by docket ID number EPA–HQ–OPP–
develop your correlation curve. 2014–0613, by one of the following
(ii) For two of the three data points, the PM number: (703) 305–7090; email address:
RDFRNotices@epa.gov. methods:
CEMS response value must lie within the PM
• Federal eRulemaking Portal: http://
CEMS output range used to develop your SUPPLEMENTARY INFORMATION:
correlation curve. www.regulations.gov. Follow the online
(iii) At least two of the three sets of PM I. General Information instructions for submitting comments.
CEMS and reference method measurements Do not submit electronically any
must fall within the same specified area on A. Does this action apply to me? information you consider to be CBI or
a graph of the correlation regression line as You may be potentially affected by other information whose disclosure is
required for the RCA and described in this action if you are an agricultural restricted by statute.
paragraph (5)(iii) of this section. producer, food manufacturer, or • Mail: OPP Docket, Environmental
* * * * * pesticide manufacturer. The following Protection Agency Docket Center (EPA/
[FR Doc. 2016–27849 Filed 11–18–16; 8:45 am] list of North American Industrial DC), (28221T), 1200 Pennsylvania Ave.
BILLING CODE 6560–50–P Classification System (NAICS) codes is NW., Washington, DC 20460–0001.
not intended to be exhaustive, but rather • Hand Delivery: To make special
provides a guide to help readers arrangements for hand delivery or
ENVIRONMENTAL PROTECTION determine whether this document delivery of boxed information, please
AGENCY applies to them. Potentially affected follow the instructions at http://
entities may include: www.epa.gov/dockets/contacts.html.
40 CFR Part 180 • Crop production (NAICS code 111). Additional instructions on
EPA–HQ–OPP–2014–0613; FRL–9953–97] • Animal production (NAICS code commenting or visiting the docket,
112). along with more information about
Endothall; Pesticide Tolerances • Food manufacturing (NAICS code dockets generally, is available at http://
311). www.epa.gov/dockets.
AGENCY: Environmental Protection
• Pesticide manufacturing (NAICS II. Summary of Petitioned-for Tolerance
Agency (EPA).
code 32532).
ACTION: Final rule. In the Federal Register of December
B. How can I get electronic access to 17, 2014 (79 FR 75110) (FRL–9918–90),
SUMMARY: This regulation establishes other related information? EPA issued a document pursuant to
tolerances for residues of endothall in or FFDCA section 408(d)(3), 21 U.S.C.
on multiple commodities which are You may access a frequently updated
electronic version of EPA’s tolerance 346a(d)(3), announcing the filing of a
identified and discussed later in this pesticide petition (PP 4F8293) by
document. United Phosphorus, Inc. regulations at 40 CFR part 180 through
the Government Printing Office’s e-CFR United Phosphorus, Inc., 630 Freedom
requested these tolerances under the Business Center, Suite 402, King of
Federal Food, Drug, and Cosmetic Act site at http://www.ecfr.gov/cgi-bin/text-
idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ Prussia, PA 19406. The petition
(FFDCA). requested that 40 CFR 180.293 be
40tab_02.tpl.
DATES: This regulation is effective amended by amending tolerances for
November 21, 2016. Objections and C. How can I file an objection or hearing residues of the herbicide endothall, in
requests for hearings must be received request? or on cattle, fat from 0.01 to 0.05 parts
asabaliauskas on DSK3SPTVN1PROD with RULES
on or before January 20, 2017 and must Under FFDCA section 408(g), 21 per million (ppm); cattle, kidney from
be filed in accordance with the U.S.C. 346a, any person may file an 0.20 to 0.06 ppm; cattle, liver from 0.10
instructions provided in 40 CFR part objection to any aspect of this regulation to 0.05 ppm; cattle, meat from 0.03 to
178 (see also Unit I.C. of the and may also request a hearing on those 0.05 ppm; goat, fat from 0.005 to 0.05
SUPPLEMENTARY INFORMATION). objections. You must file your objection ppm; goat, kidney from 0.15 to 0.06
ADDRESSES: The docket for this action, or request a hearing on this regulation ppm; goat, meat from 0.015 to 0.05 ppm;
identified by docket identification (ID) in accordance with the instructions hog, fat from 0.005 to 0.05 ppm; hog,
number EPA–HQ–OPP–2014–0613, is provided in 40 CFR part 178. To ensure kidney from 0.10 to 0.06 ppm; hog, meat
VerDate Sep<11>2014 17:02 Nov 18, 2016 Jkt 241001 PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 E:\FR\FM\21NOR1.SGM 21NOR1](https://thefederalregister.org/doc/81_FR_83384/page/4.svg)
Document Created: 2018-02-14 08:33:57
Document Modified: 2018-02-14 08:33:57
| 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 | Direct final rule. | |
| Dates | This rule is effective on February 21, 2017 without further notice, unless the EPA receives adverse comment by December 21, 2016. If the EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. | |
| Contact | Questions concerning this direct final | |
| FR Citation | 81 FR 83160 | |
| RIN Number | 2060-AT15 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Air Pollution Control; Continuous Emission Monitoring Systems; Particulate Matter and Procedures |
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