82 FR 28562 - National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry: Alternative Monitoring Method
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 120 (June 23, 2017)
Federal Register Volume 82, Issue 120 (June 23, 2017)
| Page Range | 28562-28565 | |
| FR Document | 2017-13185 |
[Federal Register Volume 82, Number 120 (Friday, June 23, 2017)] [Rules and Regulations] [Pages 28562-28565] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-13185] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 63 [EPA-HQ-OAR-2016-0442; FRL-9964-14-OAR] RIN 2060-AT57 National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry: Alternative Monitoring Method AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The EPA is taking direct final action to amend the National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry. This direct final rule provides a compliance alternative for sources that would otherwise be required to use a hydrogen chloride (HCl) continuous emissions monitoring system (CEMS) to demonstrate compliance with the HCl emissions limit. This compliance alternative is needed due to the current unavailability of the HCl calibration gases used for CEMS quality assurance purposes. DATES: This rule is effective on July 5, 2017 without further notice, unless the EPA receives significant adverse comment by July 3, 2017. If the EPA receives significant 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-2016-0442, 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: Mr. Brian Storey, Sector Policies and Programs Division (D243-04), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541-1103; fax number: (919) 541-5450; and email address: [email protected]. SUPPLEMENTARY INFORMATION: Organization of This Document. The information in this preamble is organized as follows: I. General Information A. Why is the EPA using a direct final rule? B. Does this direct final rule apply to me? C. What should I consider as I prepare my comments for the EPA? II. What are the amendments made by this direct final rule? III. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive 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 (NTTAA) J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations K. Congressional Review Act (CRA) I. General Information A. Why is the EPA using a direct final rule? The EPA is publishing this direct final rule without a prior proposed rule because we view this as a noncontroversial action and do not anticipate significant adverse comment. However, in the ``Proposed Rules'' [[Page 28563]] section of this Federal Register, we are publishing a separate document that will serve as the proposed rule to amend the National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry, if the EPA receives significant adverse comments on this direct final rule. We will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. For further information about commenting on this rule, see the ADDRESSES section of this document. If the EPA receives significant adverse comment on all or a distinct portion of this direct final rule, we will publish a timely withdrawal in the Federal Register informing the public that some or all of this direct final rule will not take effect. We would address all public comments in any subsequent final rule based on the proposed rule. B. Does this direct final rule apply to me? Categories and entities potentially regulated by this direct final rule include: ------------------------------------------------------------------------ Category NAICS code \1\ ------------------------------------------------------------------------ Portland cement manufacturing 327310 facilities. ------------------------------------------------------------------------ \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 direct final rule. To determine whether your facility is affected, you should examine the applicability criteria in 40 CFR 63.1340. If you have questions regarding the applicability of any aspect of 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. C. What should I consider as I prepare my comments for the EPA? Do not submit information containing CBI to the EPA through http://www.regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information on a disk or CD-ROM that you mail to the EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comments that includes information claimed as CBI, a copy of the comments that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. Send or deliver information identified as CBI only to the following address: OAQPS Document Control Officer (C404-02), U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711, Attention Docket ID No. EPA-HQ- OAR-2016-0442. II. What are the amendments made by this direct final rule? Under the rule published in 2013 (78 FR 10006, February 12, 2013), the owner or operator of a kiln subject to the emission limits for HCl in 40 CFR 63.1343 may demonstrate compliance by one of the following methods:Option 1--An owner or operator of a kiln may demonstrate compliance by operating a CEMS meeting the requirements of performance specification (PS) 15, PS-18, or any other PS for HCl CEMS in appendix B to part 60, with compliance based on a 30-kiln operating day rolling average. Option 2--If the kiln is controlled using a wet scrubber, tray tower, or dry scrubber, the owner or operator, as an alternative to using a CEMS, may demonstrate compliance with the HCl limit using one of two options, described below. Under Option 2, a performance test must be conducted by the owner or operator using Method 321. While conducting the Method 321 performance test (note Method 321 is the HCl stack testing performance method required by this rule), the owner or operator must simultaneously measure a control device parameter in order to establishe a site-specific parameter limit that must be continuously monitored to determine compliance. If the kiln is controlled using a wet scrubber or tray tower, the owner or operator must also monitor the pressure drop across the scrubber and/or liquid flow rate and pH during the HCl performance test. If the kiln is controlled using a dry scrubber, the sorbent injection rate must be monitored during the performance test. As an alternative under Option 2, the owner or operator may establish sulfur dioxide (SO 2 ) as the operating parameter by measuring SO2 emissions using a CEMS simultaneously with the Method 321 test and establishing the site- specific SO2 limit that must then be continuously monitored to determine compliance with the HCl limit. The 2013 rule requires that if a source chooses to (or is required to) monitor HCl emissions using a CEMS (Option 1), they must do so in accordance with PS-15, PS-18, or any other PS for HCl CEMS in appendix B to part 60 of this chapter. (See 40 CFR part 60, appendix B.) Quality assurance procedures for HCl CEMS require that they be capable of reading HCl concentrations that span a range of possible emission levels below as well as above expected HCl emission concentrations. These quality assurance procedures require the use of National Institute of Standards and Technology (NIST)-traceable calibration gases for HCl. Following our decision to create PS-18 and Procedure 6 for HCl continuous monitoring in 2012, the EPA worked with NIST and commercial gas vendors on development of NIST-traceable HCl gas standards to support the PS-18 in the 2013 rulemaking. While some of the low HCl concentration (<10 parts per million, or ppm) NIST-traceable gases have been available on a limited basis since 2013, the full range of HCl concentrations required to support all HCl emissions monitoring technologies (including integrated path that requires concentrations 100 times higher) are not widely available at this time. The approach used by NIST in 2013 was to certify the Research Gas Material (RGM) cylinders as primary gas standards. These cylinders contain HCl gas and are provided to NIST by vendors for NIST certification, and subsequently used by the vendors as transfer standards to prepare the Gas Manufacturer Intermediate Standards (GMIS). The GMIS cylinders are then used to produce NIST-traceable gas cylinders that are sold commercially.\1\ The initial approach used by NIST to certify the RGM cylinders was not viable in the long term as the instrumentation used by NIST largely depleted the HCl RGM gas volume, leaving little gas in the cylinder for the vendors to use in preparing GMIS materials. Because of this concern, NIST initiated development of an improved RGM certification procedure. The development has been hampered by the challenges presented in handling HCl gas. HCl gas is extremely reactive and difficult to handle in both gas cylinders and analytically. As such, it has taken considerable time for NIST to optimize the analytical equipment and approach to achieve the necessary uncertainty requirements (e.g., <1 percent uncertainty). --------------------------------------------------------------------------- \1\ EPA Traceability Protocol for Assay and Certification of Gaseous Calibration Standards, U.S. EPA, Office of Research and Development, EPA/600/R-12/531, May 2012. --------------------------------------------------------------------------- In addition, the commercial establishment of NIST-traceable gases is dependent on collaboration between [[Page 28564]] NIST and the specialty gas vendors. There are a limited number of vendors providing the stable, accurate, low and high concentration cylinder gases to NIST to certify as RGMs. Once the RGMs are available, the specialty gas vendors must complete a series of procedures to establish the certainty of their products which adds to the time to achieve wide commercial availability. As a result, on July 25, 2016 (81 FR 48356), the EPA provided an additional compliance alternative for sources that would otherwise be required to use an HCl CEMS (Option 1). The alternative was provided for a period of 1 year. In the alternative, the HCl CEMS was still required to be installed and operated, but actual compliance with the HCl emissions limit was determined by a three-run stack test. The HCl CEMS still provided a continuous readout of HCl emissions, but because the CEMS was not calibrated with the required NIST-traceable calibration gases, the HCl measurement was not considered to be sufficiently accurate on an absolute basis for compliance. However, it was found to be sufficient to indicate any relative change in HCl emissions occurring subsequent to the compliance test. Therefore, the HCl CEMS under the compliance alternative functioned as a continuous parameter monitoring system (CPMS), as in the case of the particulate matter (PM) CPMS requirement (see 78 FR 10014-10015, 10019-10020, February 12, 2013). It is the EPA's understanding that the availability of NIST- traceable calibration gases for HCl has not changed since the compliance alternative approval in 2016. Thus, the EPA intends to extend the use of this compliance alternative until such time as the NIST-traceable calibration gases for HCl become readily available. Under this extension of the compliance alternative, the owner or operator will demonstrate initial compliance by conducting a performance test using Method 321 and will monitor compliance with an operating parameter limit through use of the HCl CEMS operating as a HCl CPMS. For the HCl CPMS, the owner or operator will use the average HCl CPMS indicated output, typically displayed as parts per million by volume (ppmv), wet basis HCl recorded at in-stack oxygen concentration during the HCl performance test to establish the operating limit. To determine continuous compliance with the operating limit, the owner or operator will record the indicated HCl CPMS output data for all periods when the process is operating and use all the HCl CPMS data, except data obtained during times of monitor malfunctions. Thus, continuous compliance with the operating limit will be demonstrated by using all valid hourly average data collected by the HCl CPMS for all operating hours to calculate the arithmetic average operating parameter in units of the operating limit (indicated ppm) on a 30-kiln operating day rolling average basis, updated at the end of each new kiln operating day. An exceedance of the kiln 30-day operating limit would trigger evaluation of the control system operation and resetting the operating limit based on a new correlation with performance testing. For kilns with inline raw mills, performance testing and monitoring HCl to establish the site specific operating limit must be conducted during both raw mill on and raw mill off conditions. As is the case for the PM CPMS requirements (see 40 CFR 63.1349(b)(1)(i)), this alternative for HCl compliance monitoring includes a scaling factor of 75 percent of the emission standard as a benchmark (2.25 ppmv, dry basis at 7-percent oxygen). Sources that choose this option will conduct a Method 321 test to determine compliance with the HCl emissions standard and during this testing will also monitor their HCl CPMS output in indicated ppm to determine where their HCl CPMS output would intersect 75 percent of their allowed HCl emissions, and set their operating level at that ppm output. This scaling procedure alleviates re-testing concerns for sources that operate well below the emission limit and provides greater operational flexibility while assuring continuous compliance with the HCl emission standard. For sources whose Method 321 compliance tests place them at or above 75 percent of the emission standard, their operating limit is determined by the average of three Method 321 test runs (for sources with no inline raw mill) or the time weighted average of six Method 321 test runs (for kilns with inline raw mills). By adopting a scaling factor as well as the use of 30 days of averaged HCl CPMS measurements, the parametric limit in no way imposes a stringency level higher than the level of the HCl emissions standard and will avoid triggering unnecessary retests for many facilities, especially for the lower- emitting sources. III. Statutory and Executive Order Reviews Additional information about these statutes and Executive Orders can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders. 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 any new information collection burden under the PRA. OMB has previously approved the information collection activities contained in the existing regulation (40 CFR part 63, subpart LLL) and has assigned OMB control number 2060-0416. This action does not change the information collection requirements. 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. This action does not create any new requirements or burdens and no costs are associated with this direct final action. D. Unfunded Mandates Reform Act (UMRA) This action does not contain an unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. The 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. It will neither impose substantial direct compliance costs on federally recognized tribal governments, nor preempt tribal law. The EPA is aware of one tribally owned Portland cement facility currently subject to 40 CFR part 63, subpart LLL that will be subject to this direct final rule. However, the provisions of this direct final rule are not expected to impose new or substantial direct compliance costs on tribal governments since the provisions in this direct final rule are [[Page 28565]] extending the use of an alternative to the HCl monitoring provisions, including an option which provides operational flexibility. 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 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 (NTTAA) 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 does not have disproportionately high and adverse human health or environmental effects on minority populations, low-income populations, and/or indigenous peoples, as specified in Executive Order 12898 (59 FR 7629, February 16, 1994). This action does not affect the level of protection provided to human health or the environment. K. Congressional Review Act (CRA) This action is subject to the CRA, and the EPA will submit a rule report to each House of the 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). List of Subjects in 40 CFR Part 63 Environmental protection, Administrative practice and procedures, Air pollution control, Hazardous substances, Intergovernmental relations, Reporting and recordkeeping requirements. Dated: June 19, 2017. E. Scott Pruitt, Administrator. For the reasons stated in the preamble, the Environmental Protection Agency is amending title 40, chapter I, part 63 of the Code of Federal Regulations (CFR), as follows: PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES 0 1. The authority citation for part 63 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart LLL--National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry Sec. 63.1349 [Amended] 0 2. Section 63.1349 is amended by removing paragraph (b)(6)(v)(H). 0 3. Section 63.1350 is amended by revising paragraph (l)(4) to read as follows: Sec. 63.1350 Monitoring requirements. * * * * * (l) * * * (4) If you monitor continuous performance through the use of an HCl CPMS according to Sec. 63.1349(b)(6)(v)(A) through (G), for any exceedance of the 30-kiln operating day HCl CPMS average value from the established operating limit, you must: * * * * * [FR Doc. 2017-13185 Filed 6-22-17; 8:45 am] BILLING CODE 6560-50-P
![28562 Federal Register / Vol. 82, No. 120 / Friday, June 23, 2017 / Rules and Regulations
substantially change the agency actions and Precision Mass Standards, approved official comment and should include
taken in the final rule. Thus, notice and May 1, 2013, IBR approved for appendix discussion of all points you wish to
public procedure are unnecessary. (See A–3: Methods 4, 5, 5H, 5I, and appendix make. The EPA will generally not
also the final sentence of section A–8: Method 29. consider comments or comment
307(d)(1) of the Clean Air Act (CAA), 42 * * * * * contents located outside of the primary
U.S.C. 307(d)(1)), indicating that the [FR Doc. 2017–12968 Filed 6–22–17; 8:45 am]
submission (i.e., on the Web, cloud, or
good cause provisions in subsection other file sharing system). For
BILLING CODE 6560–50–P
553(b) of the APA continue to apply to additional submission methods, the full
this type of rulemaking under section EPA public comment policy,
307(d) of the CAA.) ENVIRONMENTAL PROTECTION information about CBI or multimedia
AGENCY submissions, and general guidance on
List of Subjects in 40 CFR Part 60
making effective comments, please visit
Environmental protection, 40 CFR Part 63 http://www2.epa.gov/dockets/
Administrative practice and procedure, commenting-epa-dockets.
Air pollution control, Incorporation by [EPA–HQ–OAR–2016–0442; FRL–9964–14–
OAR] FOR FURTHER INFORMATION CONTACT: Mr.
reference. Brian Storey, Sector Policies and
Dated: June 2, 2017. RIN 2060–AT57 Programs Division (D243–04), Office of
Sarah Dunham, Air Quality Planning and Standards,
National Emission Standards for U.S. Environmental Protection Agency,
Acting Assistant Administrator. Hazardous Air Pollutants From the
For the reasons stated in the Research Triangle Park, North Carolina
Portland Cement Manufacturing 27711; telephone number: (919) 541–
preamble, the Environmental Protection Industry: Alternative Monitoring
Agency amends title 40, chapter I of the 1103; fax number: (919) 541–5450; and
Method email address: storey.brian@epa.gov.
Code of Federal Regulations as follows:
AGENCY: Environmental Protection SUPPLEMENTARY INFORMATION:
PART 60—STANDARDS OF Agency (EPA). Organization of This Document. The
PERFORMANCE FOR NEW ACTION: Direct final rule. information in this preamble is
STATIONARY SOURCES organized as follows:
SUMMARY: The EPA is taking direct final
I. General Information
■ 1. The authority citation for part 60 action to amend the National Emission
A. Why is the EPA using a direct final rule?
continues to read as follows: Standards for Hazardous Air Pollutants B. Does this direct final rule apply to me?
Authority: 42 U.S.C. 7401, et seq. From the Portland Cement C. What should I consider as I prepare my
Manufacturing Industry. This direct comments for the EPA?
■ 2. In § 60.17:
■ a. Redesignate paragraphs (h)(191) final rule provides a compliance II. What are the amendments made by this
alternative for sources that would direct final rule?
through (202), (204), (205), and (207) as III. Statutory and Executive Order Reviews
follows: otherwise be required to use a hydrogen
chloride (HCl) continuous emissions A. Executive Order 12866: Regulatory
Planning and Review and Executive
Old paragraph New paragraph monitoring system (CEMS) to
Order 13563: Improving Regulation and
demonstrate compliance with the HCl Regulatory Review
(h)(191) ..................... (h)(192) emissions limit. This compliance B. Paperwork Reduction Act (PRA)
(h)(192) ..................... (h)(193) alternative is needed due to the current C. Regulatory Flexibility Act (RFA)
(h)(193) ..................... (h)(194) unavailability of the HCl calibration D. Unfunded Mandates Reform Act
(h)(194) ..................... (h)(195) gases used for CEMS quality assurance (UMRA)
(h)(195) ..................... (h)(196) purposes. E. Executive Order 13132: Federalism
(h)(196) ..................... (h)(197) F. Executive Order 13175: Consultation
(h)(197) ..................... (h)(198) DATES: This rule is effective on July 5,
and Coordination With Indian Tribal
(h)(198) ..................... (h)(199) 2017 without further notice, unless the Governments
(h)(199) ..................... (h)(200) EPA receives significant adverse G. Executive Order 13045: Protection of
(h)(200) ..................... (h)(201) comment by July 3, 2017. If the EPA Children From Environmental Health
(h)(201) ..................... (h)(204) receives significant adverse comment, Risks and Safety Risks
(h)(202) ..................... (h)(209) we will publish a timely withdrawal in H. Executive Order 13211: Actions
(h)(204) ..................... (h)(205) the Federal Register informing the Concerning Regulations That
(h)(205) ..................... (h)(207) public that the rule will not take effect. Significantly Affect Energy Supply,
(h)(207) ..................... (h)(208) Distribution, or Use
ADDRESSES: Submit your comments, I. National Technology Transfer and
■ b. Add paragraphs (h)(191) and identified by Docket ID No. EPA–HQ– Advancement Act (NTTAA)
(h)(202). OAR–2016–0442, at http:// J. Executive Order 12898: Federal Actions
The additions read as follows: www.regulations.gov. Follow the online To Address Environmental Justice in
instructions for submitting comments. Minority Populations and Low-Income
§ 60.17 Incorporations by reference. Once submitted, comments cannot be Populations
* * * * * edited or removed from Regulations.gov. K. Congressional Review Act (CRA)
(h) * * * The EPA may publish any comment I. General Information
(191) ASTM D6911–15, Standard received to its public docket. Do not
Guide for Packaging and Shipping submit electronically any information A. Why is the EPA using a direct final
Pmangrum on DSK7TPTVN1PROD with RULES
Environmental Samples for Laboratory you consider to be Confidential rule?
Analysis, approved January 15, 2015, Business Information (CBI) or other The EPA is publishing this direct final
IBR approved for appendix A–8: information whose disclosure is rule without a prior proposed rule
Method 30B. restricted by statute. Multimedia because we view this as a
* * * * * submissions (audio, video, etc.) must be noncontroversial action and do not
(202) ASTM E617–13, Standard accompanied by a written comment. anticipate significant adverse comment.
Specification for Laboratory Weights The written comment is considered the However, in the ‘‘Proposed Rules’’
VerDate Sep<11>2014 15:26 Jun 22, 2017 Jkt 241001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\23JNR1.SGM 23JNR1](https://thefederalregister.org/doc/82_FR_28682/page/1.svg)
![Federal Register / Vol. 82, No. 120 / Friday, June 23, 2017 / Rules and Regulations 28565
extending the use of an alternative to Dated: June 19, 2017. management requirements of the
the HCl monitoring provisions, E. Scott Pruitt, program. If the Federal Emergency
including an option which provides Administrator. Management Agency (FEMA) receives
operational flexibility. Thus, Executive For the reasons stated in the documentation that the community has
Order 13175 does not apply to this preamble, the Environmental Protection adopted the required floodplain
action. Agency is amending title 40, chapter I, management measures prior to the
part 63 of the Code of Federal effective suspension date given in this
G. Executive Order 13045: Protection of
Regulations (CFR), as follows: rule, the suspension will not occur and
Children From Environmental Health
a notice of this will be provided by
Risks and Safety Risks
PART 63—NATIONAL EMISSION publication in the Federal Register on a
The EPA interprets Executive Order STANDARDS FOR HAZARDOUS AIR subsequent date. Also, information
13045 as applying to those regulatory POLLUTANTS FOR SOURCE identifying the current participation
actions that concern environmental CATEGORIES status of a community can be obtained
health or safety risks that the EPA has from FEMA’s Community Status Book
reason to believe may ■ 1. The authority citation for part 63 (CSB). The CSB is available at https://
disproportionately affect children, per continues to read as follows: www.fema.gov/national-flood-
the definition of ‘‘covered regulatory Authority: 42 U.S.C. 7401 et seq. insurance-program-community-status-
action’’ in section 2–202 of the book.
Executive Order. This action is not Subpart LLL—National Emission
Standards for Hazardous Air Pollutants DATES: The effective date of each
subject to Executive Order 13045 community’s scheduled suspension is
because it does not concern an From the Portland Cement
Manufacturing Industry the third date (‘‘Susp.’’) listed in the
environmental health risk or safety risk. third column of the following tables.
H. Executive Order 13211: Actions § 63.1349 [Amended] FOR FURTHER INFORMATION CONTACT: If
Concerning Regulations That ■ 2. Section 63.1349 is amended by you want to determine whether a
Significantly Affect Energy Supply, removing paragraph (b)(6)(v)(H). particular community was suspended
Distribution, or Use ■ 3. Section 63.1350 is amended by on the suspension date or for further
revising paragraph (l)(4) to read as information, contact Patricia Suber,
This action is not subject to Executive
follows: Federal Insurance and Mitigation
Order 13211 because it is not a
Administration, Federal Emergency
significant regulatory action under § 63.1350 Monitoring requirements. Management Agency, 400 C Street SW.,
Executive Order 12866. * * * * * Washington, DC 20472, (202) 646–4149.
I. National Technology Transfer and (l) * * *
SUPPLEMENTARY INFORMATION: The NFIP
Advancement Act (NTTAA) (4) If you monitor continuous
performance through the use of an HCl enables property owners to purchase
This rulemaking does not involve CPMS according to § 63.1349(b)(6)(v)(A) Federal flood insurance that is not
technical standards. through (G), for any exceedance of the otherwise generally available from
30-kiln operating day HCl CPMS private insurers. In return, communities
J. Executive Order 12898: Federal agree to adopt and administer local
Actions to Address Environmental average value from the established
operating limit, you must: floodplain management measures aimed
Justice in Minority Populations and at protecting lives and new construction
Low-Income Populations * * * * * from future flooding. Section 1315 of
[FR Doc. 2017–13185 Filed 6–22–17; 8:45 am]
the National Flood Insurance Act of
The EPA believes that this action does BILLING CODE 6560–50–P
1968, as amended, 42 U.S.C. 4022,
not have disproportionately high and prohibits the sale of NFIP flood
adverse human health or environmental insurance unless an appropriate public
effects on minority populations, low- DEPARTMENT OF HOMELAND body adopts adequate floodplain
income populations, and/or indigenous SECURITY management measures with effective
peoples, as specified in Executive Order enforcement measures. The
12898 (59 FR 7629, February 16, 1994). Federal Emergency Management
communities listed in this document no
This action does not affect the level of Agency
longer meet that statutory requirement
protection provided to human health or for compliance with program
the environment. 44 CFR Part 64
regulations, 44 CFR part 59.
K. Congressional Review Act (CRA) [Docket ID FEMA–2017–0002: Internal Accordingly, the communities will be
Agency Docket No. FEMA–8485] suspended on the effective date in the
This action is subject to the CRA, and third column. As of that date, flood
the EPA will submit a rule report to Suspension of Community Eligibility insurance will no longer be available in
each House of the Congress and to the AGENCY: Federal Emergency the community. We recognize that some
Comptroller General of the United Management Agency, DHS. of these communities may adopt and
States. This action is not a ‘‘major rule’’ submit the required documentation of
ACTION: Final rule.
as defined by 5 U.S.C. 804(2). legally enforceable floodplain
List of Subjects in 40 CFR Part 63 SUMMARY: This rule identifies management measures after this rule is
Pmangrum on DSK7TPTVN1PROD with RULES
communities where the sale of flood published but prior to the actual
Environmental protection, insurance has been authorized under suspension date. These communities
Administrative practice and procedures, the National Flood Insurance Program will not be suspended and will continue
Air pollution control, Hazardous (NFIP) that are scheduled for to be eligible for the sale of NFIP flood
substances, Intergovernmental relations, suspension on the effective dates listed insurance. A notice withdrawing the
Reporting and recordkeeping within this rule because of suspension of such communities will be
requirements. noncompliance with the floodplain published in the Federal Register.
VerDate Sep<11>2014 15:26 Jun 22, 2017 Jkt 241001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\23JNR1.SGM 23JNR1](https://thefederalregister.org/doc/82_FR_28682/page/4.svg)
Document Created: 2017-06-23 03:37:25
Document Modified: 2017-06-23 03:37:25
| 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 July 5, 2017 without further notice, unless the EPA receives significant adverse comment by July 3, 2017. If the EPA receives significant adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. | |
| Contact | Mr. Brian Storey, Sector Policies and Programs Division (D243-04), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541-1103; fax | |
| FR Citation | 82 FR 28562 | |
| RIN Number | 2060-AT57 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedures; Air Pollution Control; Hazardous Substances; Intergovernmental Relations and Reporting and Recordkeeping Requirements |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR