82 FR 26017 - Postponement of Certain Compliance Dates for the Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 107 (June 6, 2017)
Federal Register Volume 82, Issue 107 (June 6, 2017)
| Page Range | 26017-26019 | |
| FR Document | 2017-11221 |
[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)] [Proposed Rules] [Pages 26017-26019] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-11221] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 423 [EPA-HQ-OW-2009-0819; FRL-9962-51-OW] RIN 2040-AF76 Postponement of Certain Compliance Dates for the Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: In response to administrative petitions for reconsideration, the Environmental Protection Agency (EPA) proposes to postpone certain compliance dates in the effluent limitations guidelines and standards for the steam electric point source category under the Clean Water Act (``CWA''), published in the Federal Register on November 3, 2015. Specifically, EPA proposes to postpone the compliance dates for the new, and more stringent, best available technology economically achievable (``BAT'') effluent limitations and pretreatment standards for each of the following wastestreams: Fly ash transport water, bottom ash transport water, flue gas desulfurization (``FGD'') wastewater, flue gas mercury control wastewater, and gasification wastewater. These compliance dates would be postponed until EPA completes reconsideration of the 2015 Rule. DATES: Comments on this proposed rule must be received on or before July 6, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW- 2009-0819, at http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. 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: Contact Ronald Jordan, United States Environmental Protection Agency, Engineering and Analysis Division; telephone number: (202) 564-1003; email address: [email protected]. Electronic copies of this document and related materials are available on EPA's Web site at https://www.epa.gov/eg/steam-electric-power-generating-effluent-guidelines-2015-final-rule. Copies of this proposed rule are also available at http://www.regulations.gov. SUPPLEMENTARY INFORMATION: I. Background and Discussion of Postponement On November 3, 2015, the EPA issued a final rule amending 40 CFR part 423, the effluent limitations guidelines and standards for the steam electric power generating point source category, under Sections 301, 304, 306, 307, 308, 402, and 501 of the CWA (33 U.S.C. 1311, 1314, 1316, 1317, 1318, 1342, and 1361). The amendments addressed and contained limitations and standards on various wastestreams at steam electric power plants: Fly ash transport water, bottom ash transport water, flue gas mercury control wastewater, flue gas desulfurization (FGD) wastewater, gasification wastewater, and combustion residual leachate. Collectively, this rulemaking is known as the ``Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category'' (``Rule''). For further information on the Rule, see 80 FR 67838 (Nov. 3, 2015). EPA received seven petitions for review of the Rule. The United States Judicial Panel on Multi-District Litigation issued an order on December 8, 2015, consolidating all of the petitions in the U.S. Court of Appeals for the Fifth Circuit, Southwestern Electric Power Co., et al. v. EPA, No. 15-60821. In a letter dated March 24, 2017, the Utility Water Act Group (``UWAG'') \1\ submitted a petition for reconsideration of the Rule and requested that EPA suspend the Rule's approaching deadlines. UWAG supplemented its petition with additional information in a letter dated April 13, 2017. In a letter dated April 5, 2017, the Small Business Administration (SBA) Office of Advocacy sent EPA a second petition for reconsideration of the Rule, which expressly supports the UWAG's petition and raises issues that SBA considers are pertinent to small businesses. The petitions raise wide-ranging and sweeping objections to the Rule.\2\ Among other things, the UWAG petition points to new data, claiming that plants burning subbituminous and bituminous coal cannot comply with the rule's limitations and standards for FGD wastewater through use of EPA's model technology. EPA wishes to review these data. UWAG also requested that EPA [[Page 26018]] suspend or delay the ``rule's fast-approaching compliance deadlines while EPA works to reconsider and revise, as appropriate, the substantive requirements of the current rule.'' --------------------------------------------------------------------------- \1\ According to the petition, UWAG is a voluntary, ad hoc, unincorporated group of 163 individual energy companies and three national trade associations of energy companies: Edison Electric Institute, the National Rural Electric Cooperative Association, and the American Public Power Association. \2\ A copy of each petition and the supplemental information is included in the docket for this rule, Docket ID No. EPA-HQ-OW-2009- 0819. --------------------------------------------------------------------------- In an April 12, 2017 letter to those who submitted the reconsideration petitions, the Administrator announced his decision to reconsider the Rule (a copy of this letter is included in the docket for the rule). As explained in that letter, after considering the objections raised in the reconsideration petitions, the Administrator determined that it is appropriate and in the public interest to reconsider the Rule. On April 14, 2017, the EPA requested that the Fifth Circuit hold the case in abeyance while the Agency undertakes reconsideration. On April 24, 2017, the Fifth Circuit granted the motion and placed the case in abeyance. The earliest compliance date for the new, and more stringent, BAT effluent limitations and pretreatment standards is November 1, 2018, for each of the following wastestreams: Fly ash transport water, bottom ash transport water, FGD wastewater, flue gas mercury control wastewater, and gasification wastewater. As UWAG pointed out in its April 13, 2017 letter ``a rule of this magnitude and complexity requires substantial time to come into compliance for multiple wastestreams. Detailed studies and planning, followed by large capital expenditures and subsequent installation and testing, are time- consuming.'' Companies have been evaluating their compliance options and are reaching the point at which they will be committing funds, incurring costs, or commencing construction to install technologies. In light of these imminent planning and capital expenditures that facilities incurring costs under the Rule will need to undertake in order to meet the compliance deadlines for the new, more stringent limitations and standards in the Rule--which are as early as November 1, 2018, for direct dischargers and no later than November 1, 2018, for indirect dischargers--the Agency views that it is appropriate to postpone the compliance dates of the Rule that have not yet passed. See 80 FR 67838, 67863-67868 (Nov. 3, 2015) (discussion of costs of the rule). This will preserve the regulatory status quo with respect to wastestreams subject to the Rule's new, and more stringent, limitations and standards, while the reconsideration is underway. While EPA is not making any concession of error with respect to the rulemaking, the far- ranging issues contained in the reconsideration petitions warrant careful and considerate review of the rule, as well as relief from the certain deadlines under the Rule while EPA considers the issues raised by petitioners. The postponement of compliance dates through this action is intended as a temporary, stopgap measure to prevent the unnecessary expenditure of resources until EPA completes reconsideration of the 2015 rule. EPA solicits comments on whether this postponement should be for a specified period of time, for example, two years. In a separate action, EPA administratively postponed certain compliance dates in the rule pursuant to Section 705 of the Administrative Procedure Act (``APA''), 5 U.S.C. 705, which states that ``[w]hen an agency finds that justice so requires, it may postpone the effective date of action taken by it pending judicial review.'' Because Section 705 of the APA authorizes an Agency to postpone the effective date of an action pending judicial review, EPA is undertaking this notice-and-comment rulemaking to postpone certain compliance dates in the rule in the event that the litigation ends, and while the Agency is undertaking reconsideration. These compliance dates would be postponed until EPA promulgates a final rule specifying compliance dates. II. 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 as that term is defined in Executive Order 12866 (58 FR 51735, October 4, 1993). Accordingly, this proposed rule is not subject to requirements of E.O. 12866 that apply to significant regulatory actions. B. Paperwork Reduction Act This proposed rule does not involve any information collection activities subject to the PRA, 44 U.S.C. 3501 et seq. 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 RFA, 5 U.S.C. 601 et seq. D. Unfunded Mandates Reform Act (UMRA) This action does not contain an unfunded mandate of $100 million or more as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. E. Executive Order 13132: Federalism This action does not have federalism implications, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). 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 (65 FR 67249, November 9, 2000). G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks This proposed rule is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997) because EPA previously determined that the environmental health risks or safety risks addressed by the requirements EPA is proposing to postpone do not present a disproportionate risk to children. H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act (NTTAA) This rulemaking does not involve technical standards that would require Agency consideration under NTTAA section 12(d), 15 U.S.C. 272 note. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations This is a proposal to delay action, and it does not change the requirements of the effluent limitations guidelines and standards published in 2015. While the proposed postponement in compliance dates could delay the protection the 2015 rule would afford to all communities, including those impacted disproportionately by the pollutants in certain wastewater discharges, this action will not change any impacts of the 2015 rule when it is fully implemented. The EPA therefore believes it is more appropriate to consider the impact on minority and low-income populations in the context [[Page 26019]] of possible substantive changes as part of any reconsideration of the 2015 rule. List of Subjects in 40 CFR Part 423 Environmental protection, Electric power generation, Power plants, Waste treatment and disposal, Water pollution control. Dated: May 25, 2017. E. Scott Pruitt, Administrator. 0 Therefore, 40 CFR Chapter I is proposed to be amended as follows: PART 423--STEAM ELECTRIC POWER GENERATING POINT SOURCE CATEGORY 0 1. The authority citation for part 423 continues to read as follows: Authority: Secs. 101; 301; 304(b), (c), (e), and (g); 306; 307; 308 and 501, Clean Water Act (Federal Water Pollution Control Act Amendments of 1972, as amended; 33 U.S.C. 1251; 1311; 1314(b), (c), (e), and (g); 1316; 1317; 1318 and 1361). 0 2. Section 423.10 is amended by designating the undesignated paragraph as paragraph (a) and adding paragraph (b) to read as follows: Sec. 423.10 Applicability. * * * * * (b) The compliance dates specified in Sec. Sec. 423.13(g)(1)(i), (h)(1)(i), (i)(1)(i), (j)(1)(i), and (k)(1)(i) and 423.16(e), (f), (g), (h), and (i) are postponed. 0 3. Section 423.13 is amended by revising the introductory text to read as follows: Sec. 423.13 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT). Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this part must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT). For applicability of the requirements in Sec. Sec. 423.13(g)(1)(i), (h)(1)(i), (i)(1)(i), (j)(1)(i), and (k)(1)(i), see Sec. 423.10(b). * * * * * 0 4. Section 423.16 is amended by revising the introductory text to read as follows: Sec. 423.16 Pretreatment standards for existing sources (PSES). Except as provided in 40 CFR 403.7 and 403.13, any existing source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for existing sources (PSES) by July 1, 1984. For applicability of the requirements in Sec. Sec. 423.16(e), (f), (g), (h), and (i), see Sec. 423.10(b). * * * * * [FR Doc. 2017-11221 Filed 6-5-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Proposed Rules 26017
Region 1, 5 Post Office Square, Mail the steam electric point source category I. Background and Discussion of
Code: OEP05–2, Boston, MA 02109– under the Clean Water Act (‘‘CWA’’), Postponement
0287. Telephone: 617–918–1584. Fax: published in the Federal Register on On November 3, 2015, the EPA issued
617–918–0668. Email bird.patrick@ November 3, 2015. Specifically, EPA a final rule amending 40 CFR part 423,
epa.gov. proposes to postpone the compliance the effluent limitations guidelines and
SUPPLEMENTARY INFORMATION: In the dates for the new, and more stringent, standards for the steam electric power
Final Rules Section of this Federal best available technology economically generating point source category, under
Register, EPA is approving the State achievable (‘‘BAT’’) effluent limitations Sections 301, 304, 306, 307, 308, 402,
Plan revisions as a direct final rule and pretreatment standards for each of and 501 of the CWA (33 U.S.C. 1311,
without prior proposal because the the following wastestreams: Fly ash 1314, 1316, 1317, 1318, 1342, and
Agency views this as a noncontroversial transport water, bottom ash transport 1361). The amendments addressed and
submittal and anticipates no adverse water, flue gas desulfurization (‘‘FGD’’) contained limitations and standards on
comments. A detailed rationale for the wastewater, flue gas mercury control various wastestreams at steam electric
approval is set forth in the direct final wastewater, and gasification power plants: Fly ash transport water,
rule. If no adverse comments are wastewater. These compliance dates bottom ash transport water, flue gas
received in response to this action rule, would be postponed until EPA mercury control wastewater, flue gas
no further activity is contemplated. If completes reconsideration of the 2015 desulfurization (FGD) wastewater,
EPA receives adverse comments, the Rule. gasification wastewater, and combustion
direct final rule will be withdrawn and residual leachate. Collectively, this
DATES:Comments on this proposed rule
all public comments received will be rulemaking is known as the ‘‘Effluent
must be received on or before July 6,
addressed in a subsequent final rule Limitations Guidelines and Standards
2017.
based on this proposed rule. EPA will for the Steam Electric Power Generating
not institute a second comment period. ADDRESSES: Submit your comments, Point Source Category’’ (‘‘Rule’’). For
Any parties interested in commenting identified by Docket ID No. EPA–HQ– further information on the Rule, see 80
on this action should do so at this time. OW–2009–0819, at http:// FR 67838 (Nov. 3, 2015).
Please note that if EPA receives adverse www.regulations.gov. Follow the online EPA received seven petitions for
comment on an amendment, paragraph, instructions for submitting comments. review of the Rule. The United States
or section of this rule and if that Once submitted, comments cannot be Judicial Panel on Multi-District
provision may be severed from the edited or removed from Regulations.gov. Litigation issued an order on December
remainder of the rule, EPA may adopt The EPA may publish any comment 8, 2015, consolidating all of the
as final those provisions of the rule that received to its public docket. Do not petitions in the U.S. Court of Appeals
are not the subject of an adverse submit electronically any information for the Fifth Circuit, Southwestern
comment. you consider to be Confidential Electric Power Co., et al. v. EPA, No. 15–
For additional information, see the Business Information (CBI) or other 60821.
direct final rule which is located in the information whose disclosure is In a letter dated March 24, 2017, the
Rules Section of this Federal Register. restricted by statute. Multimedia Utility Water Act Group (‘‘UWAG’’) 1
submissions (audio, video, etc.) must be submitted a petition for reconsideration
Dated: April 20, 2017.
accompanied by a written comment. of the Rule and requested that EPA
Deborah A. Szaro, suspend the Rule’s approaching
The written comment is considered the
Acting Regional Administrator, EPA New deadlines. UWAG supplemented its
England. official comment and should include
discussion of all points you wish to petition with additional information in
[FR Doc. 2017–10917 Filed 6–5–17; 8:45 am] a letter dated April 13, 2017. In a letter
make. The EPA will generally not
BILLING CODE 6560–50–P
consider comments or comment dated April 5, 2017, the Small Business
contents located outside of the primary Administration (SBA) Office of
submission (i.e. on the web, cloud, or Advocacy sent EPA a second petition
ENVIRONMENTAL PROTECTION for reconsideration of the Rule, which
AGENCY other file sharing system). For
additional submission methods, the full expressly supports the UWAG’s petition
40 CFR Part 423 EPA public comment policy, and raises issues that SBA considers are
information about CBI or multimedia pertinent to small businesses. The
[EPA–HQ–OW–2009–0819; FRL–9962–51– submissions, and general guidance on petitions raise wide-ranging and
OW] sweeping objections to the Rule.2
making effective comments, please visit
RIN 2040–AF76 http://www2.epa.gov/dockets/ Among other things, the UWAG petition
commenting-epa-dockets. points to new data, claiming that plants
Postponement of Certain Compliance burning subbituminous and bituminous
Dates for the Effluent Limitations FOR FURTHER INFORMATION CONTACT: coal cannot comply with the rule’s
Guidelines and Standards for the Contact Ronald Jordan, United States limitations and standards for FGD
Steam Electric Power Generating Point Environmental Protection Agency, wastewater through use of EPA’s model
Source Category Engineering and Analysis Division; technology. EPA wishes to review these
telephone number: (202) 564–1003; data. UWAG also requested that EPA
AGENCY: Environmental Protection email address: jordan.ronald@epa.gov.
Agency (EPA).
mstockstill on DSK30JT082PROD with PROPOSALS
Electronic copies of this document 1 According to the petition, UWAG is a voluntary,
ACTION: Proposed rule. and related materials are available on ad hoc, unincorporated group of 163 individual
EPA’s Web site at https://www.epa.gov/ energy companies and three national trade
SUMMARY: In response to administrative associations of energy companies: Edison Electric
petitions for reconsideration, the eg/steam-electric-power-generating- Institute, the National Rural Electric Cooperative
Environmental Protection Agency (EPA) effluent-guidelines-2015-final-rule. Association, and the American Public Power
proposes to postpone certain Copies of this proposed rule are also Association.
2 A copy of each petition and the supplemental
compliance dates in the effluent available at http://www.regulations.gov.
information is included in the docket for this rule,
limitations guidelines and standards for SUPPLEMENTARY INFORMATION: Docket ID No. EPA–HQ–OW–2009–0819.
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![26018 Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Proposed Rules
suspend or delay the ‘‘rule’s fast- considerate review of the rule, as well E. Executive Order 13132: Federalism
approaching compliance deadlines as relief from the certain deadlines This action does not have federalism
while EPA works to reconsider and under the Rule while EPA considers the implications, as specified in Executive
revise, as appropriate, the substantive issues raised by petitioners. The Order 13132 (64 FR 43255, August 10,
requirements of the current rule.’’ postponement of compliance dates
In an April 12, 2017 letter to those 1999). It will not have substantial direct
through this action is intended as a effects on the States, on the relationship
who submitted the reconsideration temporary, stopgap measure to prevent
petitions, the Administrator announced between the national government and
the unnecessary expenditure of the States, or on the distribution of
his decision to reconsider the Rule (a resources until EPA completes
copy of this letter is included in the power and responsibilities among the
reconsideration of the 2015 rule. EPA various levels of government.
docket for the rule). As explained in that solicits comments on whether this
letter, after considering the objections postponement should be for a specified F. Executive Order 13175: Consultation
raised in the reconsideration petitions, period of time, for example, two years. and Coordination With Indian Tribal
the Administrator determined that it is In a separate action, EPA Governments
appropriate and in the public interest to administratively postponed certain
reconsider the Rule. On April 14, 2017, This action does not have Tribal
compliance dates in the rule pursuant to implications, as specified in Executive
the EPA requested that the Fifth Circuit Section 705 of the Administrative
hold the case in abeyance while the Order 13175 (65 FR 67249, November 9,
Procedure Act (‘‘APA’’), 5 U.S.C. 705, 2000).
Agency undertakes reconsideration. On which states that ‘‘[w]hen an agency
April 24, 2017, the Fifth Circuit granted finds that justice so requires, it may G. Executive Order 13045: Protection of
the motion and placed the case in postpone the effective date of action Children From Environmental Health
abeyance. taken by it pending judicial review.’’ Risks and Safety Risks
The earliest compliance date for the Because Section 705 of the APA
new, and more stringent, BAT effluent This proposed rule is not subject to
authorizes an Agency to postpone the Executive Order 13045 (62 FR 19885,
limitations and pretreatment standards effective date of an action pending
is November 1, 2018, for each of the April 23, 1997) because EPA previously
judicial review, EPA is undertaking this determined that the environmental
following wastestreams: Fly ash notice-and-comment rulemaking to
transport water, bottom ash transport health risks or safety risks addressed by
postpone certain compliance dates in the requirements EPA is proposing to
water, FGD wastewater, flue gas the rule in the event that the litigation
mercury control wastewater, and postpone do not present a
ends, and while the Agency is disproportionate risk to children.
gasification wastewater. As UWAG
undertaking reconsideration. These
pointed out in its April 13, 2017 letter H. Executive Order 13211: Actions
compliance dates would be postponed
‘‘a rule of this magnitude and Concerning Regulations That
until EPA promulgates a final rule
complexity requires substantial time to Significantly Affect Energy Supply,
specifying compliance dates.
come into compliance for multiple Distribution, or Use
wastestreams. Detailed studies and II. Statutory and Executive Order
planning, followed by large capital Reviews This action is not subject to Executive
expenditures and subsequent Order 13211 (66 FR 28355, May 22,
A. Executive Order 12866: Regulatory 2001), because it is not a significant
installation and testing, are time-
Planning and Review; and, Executive regulatory action under Executive Order
consuming.’’ Companies have been
evaluating their compliance options and Order 13563: Improving Regulation and 12866.
are reaching the point at which they Regulatory Review
I. National Technology Transfer and
will be committing funds, incurring This action is not a significant Advancement Act (NTTAA)
costs, or commencing construction to regulatory action as that term is defined
install technologies. In light of these in Executive Order 12866 (58 FR 51735, This rulemaking does not involve
imminent planning and capital October 4, 1993). Accordingly, this technical standards that would require
expenditures that facilities incurring proposed rule is not subject to Agency consideration under NTTAA
costs under the Rule will need to requirements of E.O. 12866 that apply to section 12(d), 15 U.S.C. 272 note.
undertake in order to meet the significant regulatory actions. J. Executive Order 12898: Federal
compliance deadlines for the new, more Actions To Address Environmental
stringent limitations and standards in B. Paperwork Reduction Act
Justice in Minority Populations and
the Rule—which are as early as This proposed rule does not involve Low-Income Populations
November 1, 2018, for direct dischargers any information collection activities
and no later than November 1, 2018, for subject to the PRA, 44 U.S.C. 3501 et This is a proposal to delay action, and
indirect dischargers—the Agency views seq. it does not change the requirements of
that it is appropriate to postpone the the effluent limitations guidelines and
compliance dates of the Rule that have C. Regulatory Flexibility Act (RFA) standards published in 2015. While the
not yet passed. See 80 FR 67838, 67863– I certify that this action will not have proposed postponement in compliance
67868 (Nov. 3, 2015) (discussion of a significant economic impact on a dates could delay the protection the
costs of the rule). This will preserve the substantial number of small entities 2015 rule would afford to all
regulatory status quo with respect to under RFA, 5 U.S.C. 601 et seq. communities, including those impacted
mstockstill on DSK30JT082PROD with PROPOSALS
wastestreams subject to the Rule’s new, disproportionately by the pollutants in
D. Unfunded Mandates Reform Act certain wastewater discharges, this
and more stringent, limitations and
(UMRA) action will not change any impacts of
standards, while the reconsideration is
underway. While EPA is not making any This action does not contain an the 2015 rule when it is fully
concession of error with respect to the unfunded mandate of $100 million or implemented. The EPA therefore
rulemaking, the far-ranging issues more as described in UMRA, 2 U.S.C. believes it is more appropriate to
contained in the reconsideration 1531–1538, and does not significantly or consider the impact on minority and
petitions warrant careful and uniquely affect small governments. low-income populations in the context
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of possible substantive changes as part CFR part 403 and achieve the following For detailed instructions for
of any reconsideration of the 2015 rule. pretreatment standards for existing submitting comments and additional
sources (PSES) by July 1, 1984. For information on the rulemaking process,
List of Subjects in 40 CFR Part 423
applicability of the requirements in see the SUPPLEMENTARY INFORMATION
Environmental protection, Electric §§ 423.16(e), (f), (g), (h), and (i), see section of this document.
power generation, Power plants, Waste § 423.10(b). FOR FURTHER INFORMATION CONTACT:
treatment and disposal, Water pollution * * * * * Roland Helvajian, Office of Managing
control. [FR Doc. 2017–11221 Filed 6–5–17; 8:45 am] Director at (202) 418–0444.
Dated: May 25, 2017. BILLING CODE 6560–50–P SUPPLEMENTARY INFORMATION: This is a
E. Scott Pruitt, summary of the Commission’s Notice of
Administrator. Proposed Rulemaking (NPRM), FCC 17–
FEDERAL COMMUNICATIONS 62, MD Docket No. 17–134 adopted on
■ Therefore, 40 CFR Chapter I is May 22, 2017 and released on May 23,
COMMISSION
proposed to be amended as follows: 2017. The full text of this document is
47 CFR Part 1 available for inspection and copying
PART 423—STEAM ELECTRIC POWER
GENERATING POINT SOURCE [MD Docket Nos. 17–134; FCC 17–62]
during normal business hours in the
FCC Reference Center, 445 12th Street
CATEGORY
Assessment and Collection of SW., Room CY–A257, Portals II,
■ 1. The authority citation for part 423 Regulatory Fees for Fiscal Year 2017 Washington, DC 20554, and may also be
continues to read as follows: purchased from the Commission’s copy
AGENCY: Federal Communications contractor, BCPI, Inc., Portals II, 445
Authority: Secs. 101; 301; 304(b), (c), (e),
and (g); 306; 307; 308 and 501, Clean Water Commission. 12th Street SW., Room CY–B402,
Act (Federal Water Pollution Control Act ACTION: Notice of proposed rulemaking. Washington, DC 20554. Customers may
Amendments of 1972, as amended; 33 U.S.C. contact BCPI, Inc. via their Web site,
1251; 1311; 1314(b), (c), (e), and (g); 1316; SUMMARY: In this document, the Federal http://www.bcpi.com, or call 1–800–
1317; 1318 and 1361). Communications Commission 378–3160. This document is available in
■ 2. Section 423.10 is amended by (Commission) will revise its Schedule of alternative formats (computer diskette,
designating the undesignated paragraph Regulatory Fees in order to recover an large print, audio record, and braille).
as paragraph (a) and adding paragraph amount of $356,710,992 that Congress Persons with disabilities who need
(b) to read as follows: has required the Commission to collect documents in these formats may contact
for fiscal year 2017, as amended, the FCC by email: FCC504@fcc.gov or
§ 423.10 Applicability. provides for the annual assessment and phone: 202–418–0530 or TTY: 202–418–
* * * * * collection of regulatory fees under and 0432.
(b) The compliance dates specified in respectively, for annual ‘‘Mandatory
Adjustments’’ and ‘‘Permitted I. Procedural Matters
§§ 423.13(g)(1)(i), (h)(1)(i), (i)(1)(i),
(j)(1)(i), and (k)(1)(i) and 423.16(e), (f), Amendments’’ to the Schedule of A. Ex Parte Rules Permit-But-Disclose
(g), (h), and (i) are postponed. Regulatory Fees. Proceeding
■ 3. Section 423.13 is amended by DATES: Submit comments on or before 1. This Notice of Proposed
revising the introductory text to read as June 22, 2017, and reply comments on Rulemaking (FY 2017 NPRM) shall be
follows: or before July 7, 2017. treated as a ‘‘permit-but-disclose’’
ADDRESSES: You may submit comments, proceeding in accordance with the
§ 423.13 Effluent limitations guidelines
representing the degree of effluent identified by MD Docket No. 17–134, by Commission’s ex parte rules. Persons
reduction attainable by the application of any of the following methods: making ex parte presentations must file
the best available technology economically • Federal eRulemaking Portal: http:// a copy of any written presentation or a
achievable (BAT). www.regulations.gov. Follow the memorandum summarizing any oral
Except as provided in 40 CFR 125.30 instructions for submitting comments. presentation within two business days
through 125.32, any existing point • Federal Communications after the presentation (unless a different
source subject to this part must achieve Commission’s Web site: http:// deadline applicable to the Sunshine
the following effluent limitations www.fcc.gov/cgb/ecfs. Follow the period applies). Persons making oral ex
representing the degree of effluent instructions for submitting comments. parte presentations are reminded that
reduction attainable by the application • People With Disabilities: Contact memoranda summarizing the
of the best available technology the FCC to request reasonable presentation must list all persons
economically achievable (BAT). For accommodations (accessible format attending or otherwise participating in
applicability of the requirements in documents, sign language interpreters, the meeting at which the ex parte
§§ 423.13(g)(1)(i), (h)(1)(i), (i)(1)(i), CART, etc.) by email: FCC504@fcc.gov presentation was made, and summarize
(j)(1)(i), and (k)(1)(i), see § 423.10(b). or phone: 202–418–0530 or TTY: 202– all data presented and arguments made
* * * * * 418–0432. during the presentation. If the
■ 4. Section 423.16 is amended by
• Email: ecfs@fcc.gov. Include MD presentation consisted in whole or in
revising the introductory text to read as Docket No. 15–121 in the subject line of part of the presentation of data or
follows: the message. arguments already reflected in the
mstockstill on DSK30JT082PROD with PROPOSALS
• Mail: Commercial overnight mail presenter’s written comments,
§ 423.16 Pretreatment standards for (other than U.S. Postal Service Express memoranda, or other filings in the
existing sources (PSES). Mail, and Priority Mail, must be sent to proceeding, the presenter may provide
Except as provided in 40 CFR 403.7 9300 East Hampton Drive, Capitol citations to such data or arguments in
and 403.13, any existing source subject Heights, MD 20743. U.S. Postal Service his or her prior comments, memoranda,
to this subpart which introduces first-class, Express, and Priority mail or other filings (specifying the relevant
pollutants into a publicly owned should be addressed to 445 12th Street page and/or paragraph numbers where
treatment works must comply with 40 SW., Washington, DC 20554. such data or arguments can be found) in
VerDate Sep<11>2014 02:12 Jun 06, 2017 Jkt 241001 PO 00000 Frm 00047 Fmt 4702 Sfmt 4702 E:\FR\FM\06JNP1.SGM 06JNP1](https://thefederalregister.org/doc/82_FR_26124/page/3.svg)
Document Created: 2017-06-06 06:21:23
Document Modified: 2017-06-06 06:21:23
| 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 | Comments on this proposed rule must be received on or before July 6, 2017. | |
| Contact | Contact Ronald Jordan, United States Environmental Protection Agency, Engineering and Analysis Division; | |
| FR Citation | 82 FR 26017 | |
| RIN Number | 2040-AF76 | |
| CFR Associated | Environmental Protection; Electric Power Generation; Power Plants; Waste Treatment and Disposal and Water Pollution Control |
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