82_FR_36863 82 FR 36713 - National Emission Standards for Hazardous Air Pollutants: Off-Site Waste and Recovery Operations

82 FR 36713 - National Emission Standards for Hazardous Air Pollutants: Off-Site Waste and Recovery Operations

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 150 (August 7, 2017)

Page Range36713-36719
FR Document2017-16494

This action proposes amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Off-Site Waste and Recovery Operations (OSWRO). The proposed amendments address an issue related to monitoring pressure relief devices (PRDs) on containers. This issue was raised in a petition for reconsideration of the amendments to the OSWRO NESHAP finalized in 2015 based on the residual risk and technology review (RTR). Among other things, the 2015 amendments established additional monitoring requirements for all PRDs, including PRDs on containers. For PRDs on containers, these monitoring requirements were in addition to the inspection and monitoring requirements for containers and their closure devices, which include PRDs that were already required by the OSWRO NESHAP. This proposed action would remove the additional monitoring requirements for PRDs on containers that resulted from the 2015 amendments because we have determined that they are not necessary. This action, if finalized as proposed, would not substantially change the level of environmental protection provided under the OSWRO NESHAP. The proposed amendments would reduce capital costs related to compliance to this industry by $28 million compared to the current rule. Total annualized costs, at an interest rate of 7 percent, would be reduced by $4.2 million per year. These costs are associated with a present value of $39 million dollars, discounted at 7 percent over 15 years.

Federal Register, Volume 82 Issue 150 (Monday, August 7, 2017)
[Federal Register Volume 82, Number 150 (Monday, August 7, 2017)]
[Proposed Rules]
[Pages 36713-36719]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16494]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2012-0360; FRL-9965-18-OAR]
RIN 2060-AT48


National Emission Standards for Hazardous Air Pollutants: Off-
Site Waste and Recovery Operations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This action proposes amendments to the National Emission 
Standards for Hazardous Air Pollutants (NESHAP) for Off-Site Waste and 
Recovery Operations (OSWRO). The proposed amendments address an issue 
related to monitoring pressure relief devices (PRDs) on containers. 
This issue was raised in a petition for reconsideration of the 
amendments to the OSWRO NESHAP finalized in 2015 based on the residual 
risk and technology review (RTR). Among other things, the 2015 
amendments established additional monitoring requirements for all PRDs, 
including PRDs on containers. For PRDs on containers, these monitoring 
requirements were in addition to the inspection and monitoring 
requirements for containers and their closure devices, which include 
PRDs that were already required by the OSWRO NESHAP. This proposed 
action would remove the additional monitoring requirements for PRDs on 
containers that resulted from the 2015 amendments because we have 
determined that they are not necessary. This action, if finalized as 
proposed, would not substantially change the level of environmental 
protection provided under the OSWRO NESHAP. The proposed amendments 
would reduce capital costs related to compliance to this industry by 
$28 million compared to the current rule. Total annualized costs, at an 
interest rate of 7 percent, would be reduced by $4.2 million per year. 
These costs are associated with a present value of $39 million dollars, 
discounted at 7 percent over 15 years.

DATES: Comments. Comments must be received on or before September 21, 
2017.
    Public Hearing. If a public hearing is requested by August 14, 
2017, then we will hold a public hearing on August 22, 2017 at the 
location described in the ADDRESSES section. The last day to pre-
register in advance to speak at the public hearing will be August 21, 
2017.

ADDRESSES: Comments. Submit your comments, identified by Docket ID No. 
EPA-HQ-OAR-2012-0360 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from http://www.regulations.gov. The U.S. 
Environmental Protection Agency (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://www.epa.gov/dockets/commenting-epa-dockets.
    Public Hearing. If a public hearing is requested, it will be held 
at EPA Headquarters, William Jefferson Clinton East Building, 1201 
Constitution Avenue NW., Washington, DC 20004. If a public hearing is 
requested, then we will provide details about the public hearing on our 
Web site at: https://www.epa.gov/stationary-sources-air-pollution/site-waste-and-recovery-operations-oswro-national-emission. The EPA does not 
intend to publish another document in the Federal Register announcing 
any updates on the request for a public hearing. Please contact Ms. 
Virginia Hunt at (919) 541-0832 or by email at [email protected] to 
request a public hearing, to register to speak at the public hearing, 
or to inquire as to whether a public hearing will be held.

FOR FURTHER INFORMATION CONTACT: For questions about this proposed 
action, please contact Ms. Angie Carey, Sector Policies and Programs 
Division (E143-01), Office of Air Quality Planning and Standards, U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711; telephone number: (919) 541-2187; fax number: (919) 541-0246; 
email address: [email protected]. For information about the 
applicability of the NESHAP to a particular entity, contact Ms. Marcia 
Mia, Office of Enforcement and Compliance Assurance, U.S. Environmental 
Protection Agency, EPA WJC South Building, Mail Code 2227A, 1200 
Pennsylvania Avenue NW., Washington, DC 20460; telephone number: (202) 
564-7042; fax number: (202) 564-0050; and email address: 
[email protected].

SUPPLEMENTARY INFORMATION: 
    Docket. The EPA has established a docket for this rulemaking under 
Docket ID No. EPA-HQ-OAR-2012-0360. All documents in the docket are 
listed in the http://www.regulations.gov index. Although listed in the 
index, some information is not publicly available, e.g., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy. Publicly available 
docket materials are available either electronically in http://www.regulations.gov or in hard copy at the EPA Docket Center, Room 
3334, EPA WJC West Building, 1301 Constitution Avenue NW., Washington, 
DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
Public Reading Room is (202) 566-1744, and the telephone number for the 
EPA Docket Center is (202) 566-1742.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2012-0360. The EPA's policy is that all comments received will be 
included in the public docket without change and will be made available 
online at http://www.regulations.gov, including any

[[Page 36714]]

personal information provided, unless the comment includes information 
claimed to be CBI or other information whose disclosure is restricted 
by statute. Do not submit information that you consider to be CBI or 
otherwise protected through http://www.regulations.gov or email. Send 
or deliver information identified as CBI only to the following address: 
OAQPS Document Control Officer (C404-02), Office of Air Quality 
Planning and Standards, U.S. EPA, Research Triangle Park, North 
Carolina 27711, Attention Docket ID No. EPA-HQ-OAR-2012-0360. 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 you claim as CBI. In 
addition to one complete version of the comment that includes 
information claimed as CBI, you must submit a copy of the comment that 
does not contain the information claimed as CBI for inclusion in the 
public docket. Information so marked will not be disclosed except in 
accordance with procedures set forth in the Code of Federal Regulations 
(CFR) at 40 CFR part 2.
    The http://www.regulations.gov Web site is an ``anonymous access'' 
system, which means the EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an email comment directly to the EPA without going through http://www.regulations.gov, your email address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, the EPA recommends that you include your name and other 
contact information in the body of your comment and with any electronic 
storage media you submit. If the EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, the 
EPA may not be able to consider your comment. Electronic files should 
avoid the use of special characters or any form of encryption and be 
free of any defects or viruses. For additional information about the 
EPA's public docket, visit the EPA Docket Center homepage at http://www.epa.gov/dockets.
    Preamble Acronyms and Abbreviations. Multiple acronyms and terms 
are used in this preamble. While this list may not be exhaustive, to 
ease the reading of this preamble and for reference purposes, the EPA 
defines the following terms and acronyms here:

ACC American Chemistry Council
CAA Clean Air Act
CBI Confidential Business Information
CFR Code of Federal Regulations
DOT Department of Transportation
EPA Environmental Protection Agency
ETC Environmental Technology Council
FR Federal Register
HAP Hazardous air pollutants
MACT Maximum achievable control technology
NESHAP National emissions standards for hazardous air pollutants
OAQPS Office of Air Quality Planning and Standards
OMB Office of Management and Budget
OSWRO Off-site waste and recovery operations
PRD Pressure relief device
RCRA Resource Conservation and Recovery Act
RTR Residual risk and technology review
TSDF Treatment, storage and disposal facilities

    Organization of this Document. The information in this preamble is 
organized as follows:


I. General Information
    A. What is the source of authority for the reconsideration 
action?
    B. Does this action apply to me?
    C. Where can I get a copy of this document and other related 
information?
II. Background
III. Proposed Revisions to PRD Requirements
IV. Summary of Cost, Environmental, and Economic Impacts
    A. What are the affected sources?
    B. What are the air quality impacts?
    C. What are the cost impacts?
    D. What are the economic impacts?
    E. What are the benefits?
V. 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

I. General Information

A. What is the source of authority for the reconsideration action?

    The statutory authority for this action is provided by sections 112 
and 307(d)(7)(B) of the Clean Air Act (CAA) (42 U.S.C. 7412 and 
7607(d)(7)(B)).

B. Does this action apply to me?

    Categories and entities potentially regulated by this action 
include, but are not limited to, businesses or government agencies that 
operate any of the following: Hazardous waste treatment, treatment 
storage and disposal facilities (TSDF); Resource Conservation and 
Recovery Act (RCRA) exempt hazardous wastewater treatment facilities; 
nonhazardous wastewater treatment facilities other than publicly-owned 
treatment works; used solvent recovery plants; RCRA exempt hazardous 
waste recycling operations; and used oil re-refineries.
    To determine whether your facility is affected, you should examine 
the applicability criteria in 40 CFR 63.680 of subpart DD. If you have 
any questions regarding the applicability of any aspect of these 
NESHAP, please contact the appropriate person listed in the preceding 
FOR FURTHER INFORMATION CONTACT section of this preamble.

C. Where can I get a copy of this document and other related 
information?

    In addition to being available in the docket, an electronic copy of 
this action is available on the Internet. A redline version of the 
regulatory language that incorporates the proposed changes in this 
action is available in the docket for this action (Docket ID No. EPA-
HQ-OAR-2012-0360). Following signature by the EPA Administrator, the 
EPA will post a copy of this proposed action at https://www.epa.gov/stationary-sources-air-pollution/site-waste-and-recovery-operations-oswro-national-emission. Following publication in the Federal Register, 
the EPA will post the Federal Register version of the proposed action 
at this same Web site. Other key technical documents related to this 
proposal will be available in the docket when the Federal Register 
version of the proposal is posted to the docket. Only the version as 
published in the Federal Register will represent the official EPA 
proposal.

II. Background

    On March 18, 2015, the EPA promulgated a final rule amending the 
OSWRO NESHAP based on the RTR conducted for the OSWRO source category 
(80 FR 14248). In that final

[[Page 36715]]

rule, the EPA amended the OSWRO NESHAP to revise provisions related to 
emissions during periods of startup, shutdown, and malfunction; to add 
requirements for electronic reporting of performance testing; to add 
monitoring requirements for PRDs; to revise routine maintenance 
provisions; to clarify provisions for open-ended valves and lines and 
for some performance test methods and procedures; and to make several 
minor clarifications and corrections. After publication of the final 
rule, the EPA received a petition for reconsideration submitted jointly 
by Eastman Chemical Company and the American Chemical Council (ACC) 
(dated May 18, 2015). This petition sought reconsideration of two of 
the amended provisions of the OSWRO NESHAP: (1) The equipment leak 
provisions for connectors, and (2) the requirement to monitor PRDs on 
containers. The EPA considered the petition and supporting information 
along with information contained in the OSWRO NESHAP amendment 
rulemaking docket (Docket ID No. EPA-HQ-OAR-2012-0360) in reaching a 
decision on the petition. The Agency granted reconsideration of the PRD 
monitoring requirement in letters to the petitioners dated February 8, 
2016. In separate letters to the petitioners dated May 5, 2016, the 
Administrator denied reconsideration of the equipment leak provisions 
for connectors and explained the reasons for the denial in these 
letters. These letters are available in the OSWRO NESHAP amendment 
rulemaking docket. The EPA also published a Federal Register notice on 
May 16, 2016 (81 FR 30182), informing the public of these responses to 
the petition. On May 18, 2015, ACC filed a petition for judicial review 
of the OSWRO NESHAP RTR \1\ challenging numerous provisions in the 
final rule, including the issues identified in the petition for 
administrative reconsideration. In 2016, the EPA and ACC reached an 
agreement to resolve that case. Specifically, the parties agreed to a 
settlement under which ACC agrees to dismiss its petition for review of 
the 2015 final rule if the EPA completes its reconsideration of certain 
PRD provisions in accordance with an agreed-upon schedule.\2\
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    \1\ United States Court of Appeals for the District of Columbia 
Circuit, Case Number 15-1146. Eastman Chemical Company also filed a 
petition for judicial review of the OSWRO NESHAP RTR, but sought and 
was granted voluntary dismissal in September 2016.
    \2\ In accordance with section 113(g) of the CAA (42 U.S.C. 
7413(g)), the EPA provided notice and the opportunity for comment on 
the settlement by publishing a notice in the Federal Register on 
December 19, 2016 (81 FR 91931). The settlement agreement was 
finalized on June 15, 2017.
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    As a result of our reconsideration, the Agency is proposing revised 
monitoring requirements for PRDs on containers. The EPA is requesting 
public comments on these proposed revisions.

III. Proposed Revisions to PRD Requirements

    In October 2016, two industry trade groups, ACC and the 
Environmental Technology Council (ETC), gathered and provided the EPA 
with data related to stationary process PRDs and PRDs on containers for 
19 facilities owned by eight companies. The provided data cover 
calendar years 2013-2015 and include general PRD information, such as 
the number of PRDs at the facility, the PRDs' set pressure, and the 
type of equipment the PRDs are on (i.e., stationary equipment or 
containers). For containers, additional information was provided, 
including the type and size of the container and the average length of 
time the containers are onsite before they are emptied. The data also 
include PRD release information, such as the number of release events 
that occurred from 2013-2015 and the quantity of emissions from each 
release event. The companies also identified methods employed to 
monitor PRD releases, to prevent and control PRD releases, and the 
perceived effectiveness of these methods. Other data were also provided 
about the costs to control PRD releases, the impact of force majeure 
events on PRD releases, types of root cause analyses conducted after a 
PRD release occurs, PRD inspection frequency, and existing regulations 
that currently apply to PRDs at OSWRO facilities. The data provided to 
the EPA by ACC and ETC are available in the docket for this action.
    The March 18, 2015, final amendments to the OSWRO NESHAP include 
requirements for facilities to monitor PRDs, and since the rule does 
not distinguish between PRDs on stationary process equipment and those 
on containers, the monitoring requirements apply to all PRDs. The rule 
requires a monitoring system capable of: (1) Identifying a pressure 
release, (2) recording the time and duration of each pressure release, 
and (3) immediately notifying operators that a pressure release is 
occurring. Containers used in OSWRO operations include small 
containers, such as pressurized cylinders and 55-gallon drums, and 
large containers, such as railcars and over-the-road tanker vehicles. 
The petition for reconsideration identified concerns regarding the 
monitoring requirements as they pertain to PRDs on containers and 
stated that, because containers are frequently moved around the 
facility and are received from many different off-site locations, it 
would be difficult, if not impossible, to design and implement a 
monitoring system for containers that would meet the 2015 rule 
requirements.
    In reevaluating the PRD monitoring requirements in the 2015 rule as 
they pertain to containers, we considered what other requirements 
pertain to these containers and the PRDs on them and the data submitted 
by ACC and ETC. First, we reviewed the OSWRO NESHAP requirements for 
containers at 40 CFR 63.688. Depending on the size of the container, 
the vapor pressure of the container contents, and how the container is 
used (i.e., for temporary storage and/or transport of the material 
versus waste stabilization), the rule requires the OSWRO owners and 
operators to follow the requirements for either Container Level 1, 2, 
or 3 control requirements as specified in the Container NESHAP at 40 
CFR part 63, subpart PP. Each control level specifies requirements to 
ensure the integrity of the container and its ability to contain its 
contents (e.g., requirements to meet U.S. Department of Transportation 
(DOT) regulations on packaging hazardous materials for transportation, 
or vapor tightness as determined by EPA Method 21, or no detectable 
leaks as determined by EPA Method 27); requirements for covers and 
closure devices (which include pressure relief valves as that term is 
defined in the Container NESHAP at 40 CFR 63.921); and inspection and 
monitoring requirements for containers and their covers and closure 
devices pursuant to the Container NESHAP at 40 CFR 63.926. The 
inspection and monitoring requirements for containers at 40 CFR 63.926, 
which are already incorporated into the OSWRO NESHAP by 40 CFR 63.688, 
require that unless the container is emptied within 24 hours of its 
receipt at the OSWRO facility, the OSWRO owner/operator is required on 
or before they sign the shipping manifest accepting a container to 
visually inspect the container and its cover and closure devices (which 
include PRDs). If a defect of the container, cover, or closure device 
is identified, the Container NESHAP specify the time period within 
which the container must be either emptied or repaired. The Container 
NESHAP require subsequent annual inspection of the container, its 
cover, and closure devices in the case where a container remains at the 
facility and has

[[Page 36716]]

been unopened for a period of 1 year or more. Therefore, the PRD 
continuous monitoring requirements in the 2015 OSWRO NESHAP at 40 CFR 
63.691(c)(3)(i) are in addition to PRD monitoring requirements (as 
closure devices) already in the OSWRO NESHAP per the Container 
requirements at 40 CFR 63.688, which incorporate the inspection and 
monitoring requirements of the subpart PP Container NESHAP. In 
addition, nearly all OSWRO containers are subject to DOT regulatory 
requirements to ensure their safe design, construction, and operation 
while in transport. The DOT regulations at 49 CFR part 178, 
Specifications for Packagings or 49 CFR part 179, Specifications for 
Tank Cars, prescribe specific design, manufacturing, and testing 
requirements for containers that will be transported by motor vehicles. 
In addition, 49 CFR part 180, Continuing Qualification and Maintenance 
of Packagings, requires periodic inspections, testing, and repair of 
containers, which would minimize the chance of an atmospheric release 
from a PRD.
    Second, we reviewed the dataset provided by ACC and ETC for PRDs on 
containers includes information for 19 facilities. The types of 
containers identified in this dataset include pressurized cylinders, 
drums, tote-tanks, cargo tanks, isotainers, railcars, and tank 
vehicles, and the containers with PRDs onsite at any one time can be 
zero or several hundred. The data from ACC and ETC show that containers 
with PRDs can range in size from a few hundred gallons to up to 25,000 
gallons for rail cars, with set pressures (i.e., the pressure at which 
the PRD is designed to open to relieve excess pressure in the 
container) varying between 2.5 and 100 pounds per square inch. For 
OSWRO, the information the EPA reviewed shows that containers remain 
onsite until the contents can be unloaded, which can vary depending on 
the operational activities at the facility, and based on the data 
provided by ACC and ETC, is generally less than 2 weeks. In addition, 
the data reviewed by the EPA indicate that OSWRO containers are 
constantly changing (i.e., moving in and out of inventory), and they 
are frequently moved around the site, depending on storage area 
capacity and the queue for offloading. Due to the transitory nature of 
these containers, it would be difficult to design and implement a 
system to monitor each individual container PRD. These facilities had 
an annual average of 229 containers with PRDs at the facility site for 
some period of time during the year. The 3 years of data we received 
show that there was only one PRD on a container that had an emissions 
release event. The relief event that occurred was while nitrogen 
pressure was being applied to a tank truck to off-load waste material. 
The leak resulted in approximately 40 pounds of volatile organic 
compounds, of which about 0.4 pounds was an OSWRO NESHAP Table 1, 
hazardous air pollutant (HAP), over a duration of about 8.5 hours.
    Besides this one PRD release event, no other facilities reported a 
PRD release in the data provided to the EPA. The one reported release 
was due to pressure being applied to the tank during material off-
loading. No facility reported releases that occurred during storage or 
transport of the container within the facility. All of these facilities 
are subject to the subpart PP Container NESHAP inspection requirements, 
as described above, and did not report detecting any PRD releases or 
defective conditions during these inspections. An open or defective PRD 
would be detected by the subpart PP inspection requirements. The EPA's 
understanding, based substantially on its review of the data provided 
by ACC and ETC, is that PRD releases from containers are rare, the 
emissions potential from PRDs on these containers is low, and the 
additional monitoring requirements for PRDs on the containers that 
would be required under the 2015 OSWRO NESHAP would be difficult. In 
addition, the costs for the continuous monitoring requirements in the 
2015 rule for PRDs on containers would be very high relative to the low 
emissions potential. See section IV.C of this preamble for a discussion 
on the projected costs for a facility to comply with the PRD continuous 
monitoring requirements on containers in the 2015 OSWRO NESHAP.
    Based on the above considerations, we have determined that the PRD 
inspection and monitoring requirements in the Container NESHAP that are 
already incorporated into the container requirements of the OSWRO 
NESHAP are effective and sufficient given the high cost and difficulty 
of conducting continuous monitoring as contemplated by 40 CFR 
63.691(c)(3)(i) and the low emissions potential from containers at 
OSWRO facilities. Therefore, we are proposing that PRDs on OSWRO 
containers will not be subject to the monitoring requirements at 40 CFR 
63.691(c)(3)(i), and we are soliciting comment on our assessment and 
proposal regarding these PRD monitoring requirements.
    The EPA is also soliciting comment on whether to impose more 
frequent inspections for any filled or partially-filled OSWRO container 
that remains onsite longer than 60 days. Although the data reviewed 
show that typically most containers are onsite for less than 2 weeks, 
there may be instances when, due to facility operations, containers 
remain onsite and filled or partially-filled for a longer period of 
time. The EPA is soliciting comment on whether a container that remains 
onsite for a longer period of time should be required to be visually 
inspected at a set time, and on an established timeframe thereafter, as 
long as it remains filled, or partially-filled and onsite. 
Additionally, the EPA is accepting comment on whether any additional 
inspection requirements should apply to all containers or only apply to 
larger containers. Finally, the EPA is also accepting comment on 
whether to also incorporate the RCRA subpart BB (Air Emission Standards 
for Equipment Leaks) and subpart CC (Air Emission Standards for Tanks, 
Surface Impoundments, and Containers) of 40 CFR part 264 and 265 
inspection requirements for RCRA permitted and interim status 
facilities, as these weekly inspections could help facilities identify 
leaking and or deteriorating containers or cover and closure devices 
and could help identify any PRD leaks. If the EPA incorporates 
additional inspection or monitoring requirements as outlined above, we 
are also soliciting comment on whether to require associated 
recordkeeping and reporting obligations.
    We are not proposing any other amendments to the OSWRO NESHAP as it 
pertains to PRDs on containers. Specifically, we are not proposing to 
alter the requirement that PRDs on containers not release HAP emissions 
directly to the atmosphere. If a PRD release occurs as a result of a 
defect of the container, cover, or closure device (which includes 
PRDs), the owner or operator would be subject to the requirements in 
the Container NESHAP at 40 CFR 63.926(a)(3), as referenced from the 
OSWRO NESHAP at 63.688, that require emptying of the container or 
repair within a specified time period. Further, if a PRD fails to re-
seat itself, this would also likely be considered a defect in the PRD 
and, therefore, would be subject to the same requirements in the 
Container NESHAP at 63.926(a)(3).
    We are also not proposing any changes to the requirements for 
owners and operators to quantify the amount of Table 1 HAP emissions 
associated with a release from a PRD as those requirements at 40 CFR 
63.691(c)(3)(ii) apply to PRDs on containers or to the requirements to 
report such releases at 63.697(b)(5). We are not proposing

[[Page 36717]]

changes to these requirements since they allow calculations based on 
process knowledge, and do not require that calculations be based on 
monitoring conducted pursuant at 63.691(c)(3)(i).

IV. Summary of Cost, Environmental, and Economic Impacts

A. What are the affected sources?

    We estimate that 49 existing sources would be affected by the 
revised monitoring requirements being proposed in this action.

B. What are the air quality impacts?

    We are proposing revised requirements for PRD monitoring on 
containers on the basis that the inspection and monitoring requirements 
in 40 CFR part 63, subpart PP incorporated into the OSWRO NESHAP are 
sufficient. We project that the proposed standard would not result in 
any change in emissions compared to the existing OSWRO NESHAP.

C. What are the cost impacts?

    When the OSWRO NESHAP were finalized in 2015, the EPA was not aware 
of equipment meeting the definition of a PRD on containers in the OSWRO 
industry, and costs associated with the PRD release event prohibition 
and monitoring requirements were not estimated for this equipment. 
Therefore, the capital and annualized costs in the 2015 final rule were 
underestimated, as these costs were not included. To determine the 
impacts of the 2015 final rule, considering the monitoring requirements 
for PRDs on containers based on the data now available to the EPA from 
ACC and ETC, we have estimated the costs and the potential emission 
reductions associated with wireless PRD monitors for containers. Using 
vendor estimates for wireless PRD monitor costs, we estimate that the 
capital costs per facility with the average number of containers with 
PRDs would be approximately $570,000, and the capital costs for the 
industry (49 facilities) would be approximately $28 million. The total 
annualized costs per facility (assuming a 15-year equipment life and a 
7- percent interest rate) are estimated to be approximately $85,000 and 
approximately $4.2 million for the industry. Therefore, by removing the 
requirement to monitor PRDs on containers, we estimate the impact of 
our proposal to be an annual reduction of $4.2 million. Cost 
information, including wireless PRD monitor costs, is available in the 
docket for this action.

D. What are the economic impacts?

    We performed a national economic impact analysis for the 49 OSWRO 
facilities affected by this proposed rule. The updated national costs 
under this reconsideration, accounting for the data provided by ACC and 
the ETC, are $1.3 million in capital costs in 2018, or $200,000 in 
total annualized costs under a 7-percent interest rate ($170,000 
million in total annualized costs under a 3-percent interest rate).\3\ 
After updating the baseline costs of the PRD monitoring requirements as 
written in the 2015 rule, in consideration of the data provided by ACC 
and the ETC, this reconsideration constitutes a $28 million reduction 
in the capital cost or a $4.2 million reduction in annualized costs 
assuming an interest rate of 7-percent ($3.4 million reduction in 
annualized costs assuming an interest rate of 3-percent). These costs 
can be seen in Table 1.
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    \3\ We assume affected facilities will start incurring costs in 
2018, after the final rule is finalized.

                               Table 1--Re-Estimated Cost and Reconsideration Cost
                                                [$2016, millions]
----------------------------------------------------------------------------------------------------------------
                                                                                   Total annualized costs
                                                           Capital costs   -------------------------------------
                                                                                    7%                 3%
----------------------------------------------------------------------------------------------------------------
Re-estimated Cost (New Baseline).......................                 29                4.4                3.6
Reconsidered Cost......................................                1.3               0.20               0.17
Burden Reduction.......................................                -28               -4.2               -3.4
----------------------------------------------------------------------------------------------------------------
Note: Estimates rounded to 2 significant figures. Totals may not sum due to rounding.

    In terms of the present value of the costs, the reconsidered 
requirements compared to the re-estimated costs of the promulgated rule 
(the new baseline) constitute a decrease of $39 million under a 7-
percent discount rate ($42 million under a 3-percent discount rate). In 
terms of the equivalent annualized values, this reconsideration 
constitutes $4.3 million dollars annually at a 7-percent discount rate 
($3.5 million annually at a 3-percent discount rate) in reduced 
compliance costs compared to the new baseline estimation.\4\ These 
values can be seen in Table 2, below.
---------------------------------------------------------------------------

    \4\ The equivalent annualized value represents the even flow of 
the present value of costs over the technical life of the monitors.

                                           Table 2--Re-Estimated PRD Promulgated Cost and Reconsideration Cost
                                                                    [$2016, millions]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Re-estimated cost  (new            Reconsidered cost               Burden reduction
                                                                     baseline)           ---------------------------------------------------------------
                                                         --------------------------------
                                                                7%              3%              7%              3%              7%              3%
--------------------------------------------------------------------------------------------------------------------------------------------------------
Present Value...........................................             $41             $44            $1.9            $2.0            -$39            -$42
Equivalent Annualized Value.............................             4.5             3.7            0.20            0.17            -4.3            -3.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: These values are estimated over 15 years. Totals may not sum due to rounding.

    More information and details of this analysis, including the 
conclusions stated above, are provided in the technical document, 
``Economic Impact Analysis for the Proposed Reconsideration of the 2015 
NESHAP: Off-Site Waste and Recovery Operations,'' which is available in 
the rulemaking docket.

[[Page 36718]]

E. What are the benefits?

    We project that the proposed standard would not result in any 
change in emissions compared to the existing OSWRO NESHAP.

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www.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 regulations at 40 CFR part 63, 
subpart DD under the provisions of the PRA, 44 U.S.C. 3501 et seq. and 
has assigned OMB control number 1717.11. The proposed amendments 
removed monitoring requirements for PRDs on containers, and these 
proposed amendments do not affect the estimated information collection 
burden of the existing rule. You can find a copy of the Information 
Collection Request in the docket at Docket ID No. EPA-HQ-OAR-2012-0360 
for this rule.

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. In 
making this determination, the impact of concern is any significant 
adverse economic impact on small entities. An agency may certify that a 
rule will not have a significant economic impact on a substantial 
number of small entities if the rule relieves regulatory burden, has no 
net burden, or otherwise has a positive economic effect on the small 
entities subject to the rule. This rule relieves regulatory burden by 
reducing compliance costs associated with monitoring PRDs on 
containers. The Agency has determined that of the 28 firms that own the 
49 facilities in the OSWRO source category, two firms, or 7 percent, 
can be classified as small firms. The cost to sales ratio of the 
reconsidered cost of the monitoring requirements for these two firms is 
significantly less than 1 percent. In addition, this action constitutes 
a burden reduction compared to the re-estimated costs of the 2015 rule 
as promulgated. We have, therefore, concluded that this action does not 
have a significant impact on a substantial number of small entities. 
For more information, see the ``Economic Impact Analysis for the 
Proposed Reconsideration of the 2015 NESHAP: Off-Site Waste and 
Recovery Operations,'' which is available in the rulemaking docket.

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. The action imposes 
no enforceable duty on any state, local, 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. This action will not have substantial direct 
effects on tribal governments, on the relationship between the federal 
government and Indian tribes, or on the distribution of power and 
responsibilities between the federal government and Indian tribes, as 
specified in Executive Order 13175. Thus, Executive Order 13175 does 
not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 because it is 
not economically significant as defined in Executive Order 12866, and 
because the EPA does not believe the environmental health or safety 
risks addressed by this action present a disproportionate risk to 
children. The EPA's risk assessments for the 2015 final rule (Docket ID 
No. EPA-HQ-OAR-2012-0360) demonstrate that the current regulations are 
associated with an acceptable level of risk and provide an ample margin 
of safety to protect public health and prevent adverse environmental 
effects. This proposed action would not alter those conclusions.

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).
    In the 2015 final rule, the EPA determined that the current health 
risks posed by emissions from this source category are acceptable and 
provide an ample margin of safety to protect public health and prevent 
adverse environmental effects. To gain a better understanding of the 
source category and near source populations, the EPA conducted a 
proximity analysis for OSWRO facilities prior to proposal in 2014 to 
identify any overrepresentation of minority, low income, or indigenous 
populations. This analysis gave an indication of the prevalence of sub-
populations that might be exposed to air pollution from the sources. We 
revised this analysis to include four additional OSWRO facilities that 
the EPA learned about after proposal for the 2015 rule. The EPA 
determined that the final rule would not have disproportionately high 
and adverse human health or environmental effects on minority, low 
income, or indigenous populations. The revised proximity analysis 
results and the details concerning its development are presented in the 
memorandum titled, Updated Environmental Justice Review: Off-Site Waste 
and Recovery Operations RTR, available in the docket for this action 
(Docket Document ID No. EPA-HQ-OAR-2012-0360-0109). This proposed 
action would not alter the conclusions made in the 2015 final rule 
regarding this analysis.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous

[[Page 36719]]

substances, Intergovernmental relations, Reporting and recordkeeping 
requirements.

    Dated: July 27, 2017.
E. Scott Pruitt,
Administrator.
    For the reasons set forth in the preamble, title 40, chapter I of 
the Code of Federal Regulations is proposed to be amended 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 DD--National Emission Standards for Hazardous Air 
Pollutants for Hazardous Air Pollutants from Off-Site Waste and 
Recovery Operations

0
2. Section 63.691 is amended by revising paragraph (c)(3) introductory 
text to read as follows:


Sec.  63.691  Standards: Equipment leaks.

* * * * *
    (c) * * *
    (3) Pressure release management. Except as provided in paragraph 
(c)(4) of this section, emissions of HAP listed in Table 1 of this 
subpart may not be discharged directly to the atmosphere from pressure 
relief devices in off-site material service, and according to the date 
an affected source commenced construction or reconstruction and the 
date an affected source receives off-site material for the first time, 
as established in Sec.  63.680(e)(i) through (iii), the owner or 
operator must comply with the requirements specified in paragraphs 
(c)(3)(i) and (ii) of this section for all pressure relief devices in 
off-site material service, except that containers are not subject to 
the obligations in (c)(3)(i) of this section.
* * * * *
[FR Doc. 2017-16494 Filed 8-4-17; 8:45 a.m.]
 BILLING CODE 6560-50-P



                                                                             Federal Register / Vol. 82, No. 150 / Monday, August 7, 2017 / Proposed Rules                                          36713

                                                      The SIP is not approved to apply on                   additional monitoring requirements for                pollution/site-waste-and-recovery-
                                                    any Indian reservation land or in any                   PRDs on containers that resulted from                 operations-oswro-national-emission.
                                                    other area where EPA or an Indian tribe                 the 2015 amendments because we have                   The EPA does not intend to publish
                                                    has demonstrated that a tribe has                       determined that they are not necessary.               another document in the Federal
                                                    jurisdiction. In those areas of Indian                  This action, if finalized as proposed,                Register announcing any updates on the
                                                    country, the rule does not have tribal                  would not substantially change the level              request for a public hearing. Please
                                                    implications as specified by Executive                  of environmental protection provided                  contact Ms. Virginia Hunt at (919) 541–
                                                    Order 13175 (65 FR 67249, November 9,                   under the OSWRO NESHAP. The                           0832 or by email at hunt.virginia@
                                                    2000), nor will it impose substantial                   proposed amendments would reduce                      epa.gov to request a public hearing, to
                                                    direct costs on tribal governments or                   capital costs related to compliance to                register to speak at the public hearing,
                                                    preempt tribal law.                                     this industry by $28 million compared                 or to inquire as to whether a public
                                                                                                            to the current rule. Total annualized                 hearing will be held.
                                                    List of Subjects in 40 CFR Part 52
                                                                                                            costs, at an interest rate of 7 percent,              FOR FURTHER INFORMATION CONTACT: For
                                                      Environmental protection, Air                         would be reduced by $4.2 million per                  questions about this proposed action,
                                                    pollution control, Incorporation by                     year. These costs are associated with a               please contact Ms. Angie Carey, Sector
                                                    reference, Intergovernmental relations,                 present value of $39 million dollars,                 Policies and Programs Division (E143–
                                                    Nitrogen oxides, Particulate matter,                    discounted at 7 percent over 15 years.                01), Office of Air Quality Planning and
                                                    Reporting and recordkeeping                             DATES: Comments. Comments must be                     Standards, U.S. Environmental
                                                    requirements, Sulfur dioxide, Volatile                  received on or before September 21,                   Protection Agency, Research Triangle
                                                    organic compounds.                                      2017.                                                 Park, North Carolina 27711; telephone
                                                       Authority: 42 U.S.C. 7401 et seq.                       Public Hearing. If a public hearing is             number: (919) 541–2187; fax number:
                                                      Dated: July 25, 2017.                                 requested by August 14, 2017, then we                 (919) 541–0246; email address:
                                                    V. Anne Heard,                                          will hold a public hearing on August 22,              carey.angela@epa.gov. For information
                                                                                                            2017 at the location described in the                 about the applicability of the NESHAP
                                                    Acting Regional Administrator, Region 4.
                                                                                                            ADDRESSES section. The last day to pre-               to a particular entity, contact Ms. Marcia
                                                    [FR Doc. 2017–16484 Filed 8–4–17; 8:45 am]
                                                                                                            register in advance to speak at the                   Mia, Office of Enforcement and
                                                    BILLING CODE 6560–50–P
                                                                                                            public hearing will be August 21, 2017.               Compliance Assurance, U.S.
                                                                                                            ADDRESSES: Comments. Submit your                      Environmental Protection Agency, EPA
                                                    ENVIRONMENTAL PROTECTION                                comments, identified by Docket ID No.                 WJC South Building, Mail Code 2227A,
                                                    AGENCY                                                  EPA–HQ–OAR–2012–0360 at http://                       1200 Pennsylvania Avenue NW.,
                                                                                                            www.regulations.gov. Follow the online                Washington, DC 20460; telephone
                                                    40 CFR Part 63                                          instructions for submitting comments.                 number: (202) 564–7042; fax number:
                                                                                                            Once submitted, comments cannot be                    (202) 564–0050; and email address:
                                                    [EPA–HQ–OAR–2012–0360; FRL–9965–18–                                                                           mia.marcia@epa.gov.
                                                    OAR]
                                                                                                            edited or removed from http://
                                                                                                            www.regulations.gov. The U.S.                         SUPPLEMENTARY INFORMATION:
                                                    RIN 2060–AT48                                           Environmental Protection Agency (EPA)                    Docket. The EPA has established a
                                                                                                            may publish any comment received to                   docket for this rulemaking under Docket
                                                    National Emission Standards for                         its public docket. Do not submit                      ID No. EPA–HQ–OAR–2012–0360. All
                                                    Hazardous Air Pollutants: Off-Site                      electronically any information you                    documents in the docket are listed in
                                                    Waste and Recovery Operations                           consider to be Confidential Business                  the http://www.regulations.gov index.
                                                    AGENCY:  Environmental Protection                       Information (CBI) or other information                Although listed in the index, some
                                                    Agency (EPA).                                           whose disclosure is restricted by statute.            information is not publicly available,
                                                    ACTION: Proposed rule.                                  Multimedia submissions (audio, video,                 e.g., CBI or other information whose
                                                                                                            etc.) must be accompanied by a written                disclosure is restricted by statute.
                                                    SUMMARY:   This action proposes                         comment. The written comment is                       Certain other material, such as
                                                    amendments to the National Emission                     considered the official comment and                   copyrighted material, is not placed on
                                                    Standards for Hazardous Air Pollutants                  should include discussion of all points               the Internet and will be publicly
                                                    (NESHAP) for Off-Site Waste and                         you wish to make. The EPA will                        available only in hard copy. Publicly
                                                    Recovery Operations (OSWRO). The                        generally not consider comments or                    available docket materials are available
                                                    proposed amendments address an issue                    comment contents located outside of the               either electronically in http://
                                                    related to monitoring pressure relief                   primary submission (i.e., on the Web,                 www.regulations.gov or in hard copy at
                                                    devices (PRDs) on containers. This issue                cloud, or other file sharing system). For             the EPA Docket Center, Room 3334,
                                                    was raised in a petition for                            additional submission methods, the full               EPA WJC West Building, 1301
                                                    reconsideration of the amendments to                    EPA public comment policy,                            Constitution Avenue NW., Washington,
                                                    the OSWRO NESHAP finalized in 2015                      information about CBI or multimedia                   DC. The Public Reading Room is open
                                                    based on the residual risk and                          submissions, and general guidance on                  from 8:30 a.m. to 4:30 p.m., Monday
                                                    technology review (RTR). Among other                    making effective comments, please visit               through Friday, excluding legal
                                                    things, the 2015 amendments                             http://www.epa.gov/dockets/                           holidays. The telephone number for the
                                                    established additional monitoring                       commenting-epa-dockets.                               Public Reading Room is (202) 566–1744,
                                                    requirements for all PRDs, including                       Public Hearing. If a public hearing is             and the telephone number for the EPA
jstallworth on DSKBBY8HB2PROD with PROPOSALS




                                                    PRDs on containers. For PRDs on                         requested, it will be held at EPA                     Docket Center is (202) 566–1742.
                                                    containers, these monitoring                            Headquarters, William Jefferson Clinton                  Instructions: Direct your comments to
                                                    requirements were in addition to the                    East Building, 1201 Constitution                      Docket ID No. EPA–HQ–OAR–2012–
                                                    inspection and monitoring requirements                  Avenue NW., Washington, DC 20004. If                  0360. The EPA’s policy is that all
                                                    for containers and their closure devices,               a public hearing is requested, then we                comments received will be included in
                                                    which include PRDs that were already                    will provide details about the public                 the public docket without change and
                                                    required by the OSWRO NESHAP. This                      hearing on our Web site at: https://                  will be made available online at http://
                                                    proposed action would remove the                        www.epa.gov/stationary-sources-air-                   www.regulations.gov, including any


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                                                    36714                   Federal Register / Vol. 82, No. 150 / Monday, August 7, 2017 / Proposed Rules

                                                    personal information provided, unless                   reference purposes, the EPA defines the               I. General Information
                                                    the comment includes information                        following terms and acronyms here:
                                                                                                                                                                  A. What is the source of authority for
                                                    claimed to be CBI or other information                  ACC American Chemistry Council                        the reconsideration action?
                                                    whose disclosure is restricted by statute.              CAA Clean Air Act
                                                    Do not submit information that you                      CBI Confidential Business Information
                                                                                                                                                                     The statutory authority for this action
                                                    consider to be CBI or otherwise                         CFR Code of Federal Regulations                       is provided by sections 112 and
                                                    protected through http://                               DOT Department of Transportation                      307(d)(7)(B) of the Clean Air Act (CAA)
                                                    www.regulations.gov or email. Send or                   EPA Environmental Protection Agency                   (42 U.S.C. 7412 and 7607(d)(7)(B)).
                                                    deliver information identified as CBI                   ETC Environmental Technology Council                  B. Does this action apply to me?
                                                    only to the following address: OAQPS                    FR Federal Register
                                                    Document Control Officer (C404–02),                     HAP Hazardous air pollutants                             Categories and entities potentially
                                                    Office of Air Quality Planning and                      MACT Maximum achievable control                       regulated by this action include, but are
                                                    Standards, U.S. EPA, Research Triangle                    technology                                          not limited to, businesses or government
                                                    Park, North Carolina 27711, Attention                   NESHAP National emissions standards for               agencies that operate any of the
                                                    Docket ID No. EPA–HQ–OAR–2012–                            hazardous air pollutants                            following: Hazardous waste treatment,
                                                    0360. Clearly mark the part or all of the               OAQPS Office of Air Quality Planning and              treatment storage and disposal facilities
                                                    information that you claim to be CBI.                     Standards                                           (TSDF); Resource Conservation and
                                                    For CBI information on a disk or CD–                    OMB Office of Management and Budget                   Recovery Act (RCRA) exempt hazardous
                                                                                                            OSWRO Off-site waste and recovery                     wastewater treatment facilities;
                                                    ROM that you mail to the EPA, mark the
                                                                                                              operations                                          nonhazardous wastewater treatment
                                                    outside of the disk or CD–ROM as CBI                    PRD Pressure relief device
                                                    and then identify electronically within                                                                       facilities other than publicly-owned
                                                                                                            RCRA Resource Conservation and Recovery               treatment works; used solvent recovery
                                                    the disk or CD–ROM the specific                           Act
                                                    information you claim as CBI. In                                                                              plants; RCRA exempt hazardous waste
                                                                                                            RTR Residual risk and technology review               recycling operations; and used oil re-
                                                    addition to one complete version of the                 TSDF Treatment, storage and disposal
                                                    comment that includes information                                                                             refineries.
                                                                                                              facilities
                                                    claimed as CBI, you must submit a copy                                                                           To determine whether your facility is
                                                    of the comment that does not contain                      Organization of this Document. The                  affected, you should examine the
                                                    the information claimed as CBI for                      information in this preamble is                       applicability criteria in 40 CFR 63.680
                                                    inclusion in the public docket.                         organized as follows:                                 of subpart DD. If you have any questions
                                                    Information so marked will not be                                                                             regarding the applicability of any aspect
                                                    disclosed except in accordance with                     I. General Information                                of these NESHAP, please contact the
                                                    procedures set forth in the Code of
                                                                                                               A. What is the source of authority for the         appropriate person listed in the
                                                                                                                  reconsideration action?                         preceding FOR FURTHER INFORMATION
                                                    Federal Regulations (CFR) at 40 CFR                        B. Does this action apply to me?                   CONTACT section of this preamble.
                                                    part 2.                                                    C. Where can I get a copy of this document
                                                       The http://www.regulations.gov Web                         and other related information?                  C. Where can I get a copy of this
                                                    site is an ‘‘anonymous access’’ system,                 II. Background                                        document and other related
                                                    which means the EPA will not know                       III. Proposed Revisions to PRD Requirements           information?
                                                    your identity or contact information                    IV. Summary of Cost, Environmental, and                  In addition to being available in the
                                                    unless you provide it in the body of                          Economic Impacts                                docket, an electronic copy of this action
                                                    your comment. If you send an email                         A. What are the affected sources?                  is available on the Internet. A redline
                                                    comment directly to the EPA without                        B. What are the air quality impacts?
                                                                                                                                                                  version of the regulatory language that
                                                    going through http://                                      C. What are the cost impacts?
                                                                                                               D. What are the economic impacts?
                                                                                                                                                                  incorporates the proposed changes in
                                                    www.regulations.gov, your email                                                                               this action is available in the docket for
                                                    address will be automatically captured                     E. What are the benefits?
                                                                                                            V. Statutory and Executive Order Reviews              this action (Docket ID No. EPA–HQ–
                                                    and included as part of the comment                                                                           OAR–2012–0360). Following signature
                                                                                                               A. Executive Order 12866: Regulatory
                                                    that is placed in the public docket and                                                                       by the EPA Administrator, the EPA will
                                                                                                                  Planning and Review and Executive
                                                    made available on the Internet. If you                        Order 13563: Improving Regulation and           post a copy of this proposed action at
                                                    submit an electronic comment, the EPA                         Regulatory Review                               https://www.epa.gov/stationary-sources-
                                                    recommends that you include your                           B. Paperwork Reduction Act (PRA)                   air-pollution/site-waste-and-recovery-
                                                    name and other contact information in                      C. Regulatory Flexibility Act (RFA)                operations-oswro-national-emission.
                                                    the body of your comment and with any                      D. Unfunded Mandates Reform Act                    Following publication in the Federal
                                                    electronic storage media you submit. If                       (UMRA)                                          Register, the EPA will post the Federal
                                                    the EPA cannot read your comment due                       E. Executive Order 13132: Federalism               Register version of the proposed action
                                                    to technical difficulties and cannot                       F. Executive Order 13175: Consultation             at this same Web site. Other key
                                                    contact you for clarification, the EPA                        and Coordination With Indian Tribal             technical documents related to this
                                                    may not be able to consider your                              Governments                                     proposal will be available in the docket
                                                    comment. Electronic files should avoid                     G. Executive Order 13045: Protection of
                                                                                                                                                                  when the Federal Register version of
                                                    the use of special characters or any form                     Children From Environmental Health
                                                                                                                  Risks and Safety Risks
                                                                                                                                                                  the proposal is posted to the docket.
                                                    of encryption and be free of any defects                                                                      Only the version as published in the
                                                    or viruses. For additional information                     H. Executive Order 13211: Actions
jstallworth on DSKBBY8HB2PROD with PROPOSALS




                                                                                                                  Concerning Regulations That                     Federal Register will represent the
                                                    about the EPA’s public docket, visit the                                                                      official EPA proposal.
                                                                                                                  Significantly Affect Energy Supply,
                                                    EPA Docket Center homepage at http://
                                                                                                                  Distribution, or Use                            II. Background
                                                    www.epa.gov/dockets.                                       I. National Technology Transfer and
                                                       Preamble Acronyms and                                      Advancement Act (NTTAA)                            On March 18, 2015, the EPA
                                                    Abbreviations. Multiple acronyms and                       J. Executive Order 12898: Federal Actions          promulgated a final rule amending the
                                                    terms are used in this preamble. While                        To Address Environmental Justice in             OSWRO NESHAP based on the RTR
                                                    this list may not be exhaustive, to ease                      Minority Populations and Low-Income             conducted for the OSWRO source
                                                    the reading of this preamble and for                          Populations                                     category (80 FR 14248). In that final


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                                                                            Federal Register / Vol. 82, No. 150 / Monday, August 7, 2017 / Proposed Rules                                           36715

                                                    rule, the EPA amended the OSWRO                           As a result of our reconsideration, the             regarding the monitoring requirements
                                                    NESHAP to revise provisions related to                  Agency is proposing revised monitoring                as they pertain to PRDs on containers
                                                    emissions during periods of startup,                    requirements for PRDs on containers.                  and stated that, because containers are
                                                    shutdown, and malfunction; to add                       The EPA is requesting public comments                 frequently moved around the facility
                                                    requirements for electronic reporting of                on these proposed revisions.                          and are received from many different
                                                    performance testing; to add monitoring                  III. Proposed Revisions to PRD                        off-site locations, it would be difficult,
                                                    requirements for PRDs; to revise routine                Requirements                                          if not impossible, to design and
                                                    maintenance provisions; to clarify                                                                            implement a monitoring system for
                                                    provisions for open-ended valves and                       In October 2016, two industry trade                containers that would meet the 2015
                                                    lines and for some performance test                     groups, ACC and the Environmental                     rule requirements.
                                                    methods and procedures; and to make                     Technology Council (ETC), gathered and
                                                                                                                                                                     In reevaluating the PRD monitoring
                                                    several minor clarifications and                        provided the EPA with data related to
                                                                                                                                                                  requirements in the 2015 rule as they
                                                    corrections. After publication of the                   stationary process PRDs and PRDs on
                                                                                                                                                                  pertain to containers, we considered
                                                    final rule, the EPA received a petition                 containers for 19 facilities owned by
                                                                                                                                                                  what other requirements pertain to these
                                                    for reconsideration submitted jointly by                eight companies. The provided data
                                                                                                                                                                  containers and the PRDs on them and
                                                    Eastman Chemical Company and the                        cover calendar years 2013–2015 and
                                                                                                                                                                  the data submitted by ACC and ETC.
                                                    American Chemical Council (ACC)                         include general PRD information, such
                                                                                                                                                                  First, we reviewed the OSWRO
                                                    (dated May 18, 2015). This petition                     as the number of PRDs at the facility,
                                                                                                                                                                  NESHAP requirements for containers at
                                                    sought reconsideration of two of the                    the PRDs’ set pressure, and the type of
                                                                                                            equipment the PRDs are on (i.e.,                      40 CFR 63.688. Depending on the size
                                                    amended provisions of the OSWRO                                                                               of the container, the vapor pressure of
                                                    NESHAP: (1) The equipment leak                          stationary equipment or containers). For
                                                                                                            containers, additional information was                the container contents, and how the
                                                    provisions for connectors, and (2) the                                                                        container is used (i.e., for temporary
                                                    requirement to monitor PRDs on                          provided, including the type and size of
                                                                                                            the container and the average length of               storage and/or transport of the material
                                                    containers. The EPA considered the                                                                            versus waste stabilization), the rule
                                                    petition and supporting information                     time the containers are onsite before
                                                                                                            they are emptied. The data also include               requires the OSWRO owners and
                                                    along with information contained in the                                                                       operators to follow the requirements for
                                                    OSWRO NESHAP amendment                                  PRD release information, such as the
                                                                                                            number of release events that occurred                either Container Level 1, 2, or 3 control
                                                    rulemaking docket (Docket ID No. EPA–                                                                         requirements as specified in the
                                                    HQ–OAR–2012–0360) in reaching a                         from 2013–2015 and the quantity of
                                                                                                            emissions from each release event. The                Container NESHAP at 40 CFR part 63,
                                                    decision on the petition. The Agency                                                                          subpart PP. Each control level specifies
                                                                                                            companies also identified methods
                                                    granted reconsideration of the PRD                                                                            requirements to ensure the integrity of
                                                                                                            employed to monitor PRD releases, to
                                                    monitoring requirement in letters to the                                                                      the container and its ability to contain
                                                                                                            prevent and control PRD releases, and
                                                    petitioners dated February 8, 2016. In                                                                        its contents (e.g., requirements to meet
                                                                                                            the perceived effectiveness of these
                                                    separate letters to the petitioners dated                                                                     U.S. Department of Transportation
                                                                                                            methods. Other data were also provided
                                                    May 5, 2016, the Administrator denied                                                                         (DOT) regulations on packaging
                                                                                                            about the costs to control PRD releases,
                                                    reconsideration of the equipment leak                                                                         hazardous materials for transportation,
                                                                                                            the impact of force majeure events on
                                                    provisions for connectors and explained                                                                       or vapor tightness as determined by EPA
                                                                                                            PRD releases, types of root cause
                                                    the reasons for the denial in these                                                                           Method 21, or no detectable leaks as
                                                                                                            analyses conducted after a PRD release
                                                    letters. These letters are available in the                                                                   determined by EPA Method 27);
                                                                                                            occurs, PRD inspection frequency, and
                                                    OSWRO NESHAP amendment                                                                                        requirements for covers and closure
                                                                                                            existing regulations that currently apply
                                                    rulemaking docket. The EPA also                                                                               devices (which include pressure relief
                                                                                                            to PRDs at OSWRO facilities. The data
                                                    published a Federal Register notice on                                                                        valves as that term is defined in the
                                                                                                            provided to the EPA by ACC and ETC
                                                    May 16, 2016 (81 FR 30182), informing                                                                         Container NESHAP at 40 CFR 63.921);
                                                                                                            are available in the docket for this
                                                    the public of these responses to the                                                                          and inspection and monitoring
                                                                                                            action.
                                                    petition. On May 18, 2015, ACC filed a                                                                        requirements for containers and their
                                                                                                               The March 18, 2015, final
                                                    petition for judicial review of the                                                                           covers and closure devices pursuant to
                                                                                                            amendments to the OSWRO NESHAP
                                                    OSWRO NESHAP RTR 1 challenging                                                                                the Container NESHAP at 40 CFR
                                                                                                            include requirements for facilities to
                                                    numerous provisions in the final rule,                  monitor PRDs, and since the rule does                 63.926. The inspection and monitoring
                                                    including the issues identified in the                  not distinguish between PRDs on                       requirements for containers at 40 CFR
                                                    petition for administrative                             stationary process equipment and those                63.926, which are already incorporated
                                                    reconsideration. In 2016, the EPA and                   on containers, the monitoring                         into the OSWRO NESHAP by 40 CFR
                                                    ACC reached an agreement to resolve                     requirements apply to all PRDs. The                   63.688, require that unless the container
                                                    that case. Specifically, the parties agreed             rule requires a monitoring system                     is emptied within 24 hours of its receipt
                                                    to a settlement under which ACC agrees                  capable of: (1) Identifying a pressure                at the OSWRO facility, the OSWRO
                                                    to dismiss its petition for review of the               release, (2) recording the time and                   owner/operator is required on or before
                                                    2015 final rule if the EPA completes its                duration of each pressure release, and                they sign the shipping manifest
                                                    reconsideration of certain PRD                          (3) immediately notifying operators that              accepting a container to visually inspect
                                                    provisions in accordance with an                        a pressure release is occurring.                      the container and its cover and closure
                                                    agreed-upon schedule.2                                  Containers used in OSWRO operations                   devices (which include PRDs). If a
                                                                                                                                                                  defect of the container, cover, or closure
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                                                      1 United States Court of Appeals for the District
                                                                                                            include small containers, such as
                                                                                                            pressurized cylinders and 55-gallon                   device is identified, the Container
                                                    of Columbia Circuit, Case Number 15–1146.
                                                    Eastman Chemical Company also filed a petition for      drums, and large containers, such as                  NESHAP specify the time period within
                                                    judicial review of the OSWRO NESHAP RTR, but            railcars and over-the-road tanker                     which the container must be either
                                                    sought and was granted voluntary dismissal in
                                                                                                            vehicles. The petition for                            emptied or repaired. The Container
                                                    September 2016.                                                                                               NESHAP require subsequent annual
                                                      2 In accordance with section 113(g) of the CAA        reconsideration identified concerns
                                                    (42 U.S.C. 7413(g)), the EPA provided notice and
                                                                                                                                                                  inspection of the container, its cover,
                                                    the opportunity for comment on the settlement by        December 19, 2016 (81 FR 91931). The settlement       and closure devices in the case where a
                                                    publishing a notice in the Federal Register on          agreement was finalized on June 15, 2017.             container remains at the facility and has


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                                                    36716                   Federal Register / Vol. 82, No. 150 / Monday, August 7, 2017 / Proposed Rules

                                                    been unopened for a period of 1 year or                 The 3 years of data we received show                  inspections for any filled or partially-
                                                    more. Therefore, the PRD continuous                     that there was only one PRD on a                      filled OSWRO container that remains
                                                    monitoring requirements in the 2015                     container that had an emissions release               onsite longer than 60 days. Although the
                                                    OSWRO NESHAP at 40 CFR                                  event. The relief event that occurred                 data reviewed show that typically most
                                                    63.691(c)(3)(i) are in addition to PRD                  was while nitrogen pressure was being                 containers are onsite for less than 2
                                                    monitoring requirements (as closure                     applied to a tank truck to off-load waste             weeks, there may be instances when,
                                                    devices) already in the OSWRO                           material. The leak resulted in                        due to facility operations, containers
                                                    NESHAP per the Container                                approximately 40 pounds of volatile                   remain onsite and filled or partially-
                                                    requirements at 40 CFR 63.688, which                    organic compounds, of which about 0.4                 filled for a longer period of time. The
                                                    incorporate the inspection and                          pounds was an OSWRO NESHAP Table                      EPA is soliciting comment on whether
                                                    monitoring requirements of the subpart                  1, hazardous air pollutant (HAP), over a              a container that remains onsite for a
                                                    PP Container NESHAP. In addition,                       duration of about 8.5 hours.                          longer period of time should be required
                                                    nearly all OSWRO containers are subject                    Besides this one PRD release event, no             to be visually inspected at a set time,
                                                    to DOT regulatory requirements to                       other facilities reported a PRD release in            and on an established timeframe
                                                    ensure their safe design, construction,                 the data provided to the EPA. The one                 thereafter, as long as it remains filled, or
                                                    and operation while in transport. The                   reported release was due to pressure                  partially-filled and onsite. Additionally,
                                                    DOT regulations at 49 CFR part 178,                     being applied to the tank during                      the EPA is accepting comment on
                                                    Specifications for Packagings or 49 CFR                 material off-loading. No facility reported            whether any additional inspection
                                                    part 179, Specifications for Tank Cars,                 releases that occurred during storage or              requirements should apply to all
                                                    prescribe specific design,                              transport of the container within the                 containers or only apply to larger
                                                    manufacturing, and testing requirements                 facility. All of these facilities are subject         containers. Finally, the EPA is also
                                                    for containers that will be transported                 to the subpart PP Container NESHAP                    accepting comment on whether to also
                                                    by motor vehicles. In addition, 49 CFR                  inspection requirements, as described                 incorporate the RCRA subpart BB (Air
                                                    part 180, Continuing Qualification and                  above, and did not report detecting any               Emission Standards for Equipment
                                                    Maintenance of Packagings, requires                     PRD releases or defective conditions                  Leaks) and subpart CC (Air Emission
                                                    periodic inspections, testing, and repair               during these inspections. An open or                  Standards for Tanks, Surface
                                                    of containers, which would minimize                     defective PRD would be detected by the                Impoundments, and Containers) of 40
                                                    the chance of an atmospheric release                    subpart PP inspection requirements.                   CFR part 264 and 265 inspection
                                                    from a PRD.                                             The EPA’s understanding, based                        requirements for RCRA permitted and
                                                                                                            substantially on its review of the data               interim status facilities, as these weekly
                                                       Second, we reviewed the dataset                      provided by ACC and ETC, is that PRD                  inspections could help facilities identify
                                                    provided by ACC and ETC for PRDs on                     releases from containers are rare, the                leaking and or deteriorating containers
                                                    containers includes information for 19                  emissions potential from PRDs on these                or cover and closure devices and could
                                                    facilities. The types of containers                     containers is low, and the additional                 help identify any PRD leaks. If the EPA
                                                    identified in this dataset include                      monitoring requirements for PRDs on                   incorporates additional inspection or
                                                    pressurized cylinders, drums, tote-                     the containers that would be required                 monitoring requirements as outlined
                                                    tanks, cargo tanks, isotainers, railcars,               under the 2015 OSWRO NESHAP                           above, we are also soliciting comment
                                                    and tank vehicles, and the containers                   would be difficult. In addition, the costs            on whether to require associated
                                                    with PRDs onsite at any one time can be                 for the continuous monitoring                         recordkeeping and reporting obligations.
                                                    zero or several hundred. The data from                  requirements in the 2015 rule for PRDs                   We are not proposing any other
                                                    ACC and ETC show that containers with                   on containers would be very high                      amendments to the OSWRO NESHAP as
                                                    PRDs can range in size from a few                       relative to the low emissions potential.              it pertains to PRDs on containers.
                                                    hundred gallons to up to 25,000 gallons                 See section IV.C of this preamble for a               Specifically, we are not proposing to
                                                    for rail cars, with set pressures (i.e., the            discussion on the projected costs for a               alter the requirement that PRDs on
                                                    pressure at which the PRD is designed                   facility to comply with the PRD                       containers not release HAP emissions
                                                    to open to relieve excess pressure in the               continuous monitoring requirements on                 directly to the atmosphere. If a PRD
                                                    container) varying between 2.5 and 100                  containers in the 2015 OSWRO                          release occurs as a result of a defect of
                                                    pounds per square inch. For OSWRO,                      NESHAP.                                               the container, cover, or closure device
                                                    the information the EPA reviewed                           Based on the above considerations,                 (which includes PRDs), the owner or
                                                    shows that containers remain onsite                     we have determined that the PRD                       operator would be subject to the
                                                    until the contents can be unloaded,                     inspection and monitoring requirements                requirements in the Container NESHAP
                                                    which can vary depending on the                         in the Container NESHAP that are                      at 40 CFR 63.926(a)(3), as referenced
                                                    operational activities at the facility, and             already incorporated into the container               from the OSWRO NESHAP at 63.688,
                                                    based on the data provided by ACC and                   requirements of the OSWRO NESHAP                      that require emptying of the container or
                                                    ETC, is generally less than 2 weeks. In                 are effective and sufficient given the                repair within a specified time period.
                                                    addition, the data reviewed by the EPA                  high cost and difficulty of conducting                Further, if a PRD fails to re-seat itself,
                                                    indicate that OSWRO containers are                      continuous monitoring as contemplated                 this would also likely be considered a
                                                    constantly changing (i.e., moving in and                by 40 CFR 63.691(c)(3)(i) and the low                 defect in the PRD and, therefore, would
                                                    out of inventory), and they are                         emissions potential from containers at                be subject to the same requirements in
                                                    frequently moved around the site,                       OSWRO facilities. Therefore, we are                   the Container NESHAP at 63.926(a)(3).
                                                    depending on storage area capacity and                  proposing that PRDs on OSWRO                             We are also not proposing any
jstallworth on DSKBBY8HB2PROD with PROPOSALS




                                                    the queue for offloading. Due to the                    containers will not be subject to the                 changes to the requirements for owners
                                                    transitory nature of these containers, it               monitoring requirements at 40 CFR                     and operators to quantify the amount of
                                                    would be difficult to design and                        63.691(c)(3)(i), and we are soliciting                Table 1 HAP emissions associated with
                                                    implement a system to monitor each                      comment on our assessment and                         a release from a PRD as those
                                                    individual container PRD. These                         proposal regarding these PRD                          requirements at 40 CFR 63.691(c)(3)(ii)
                                                    facilities had an annual average of 229                 monitoring requirements.                              apply to PRDs on containers or to the
                                                    containers with PRDs at the facility site                  The EPA is also soliciting comment                 requirements to report such releases at
                                                    for some period of time during the year.                on whether to impose more frequent                    63.697(b)(5). We are not proposing


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                                                                                   Federal Register / Vol. 82, No. 150 / Monday, August 7, 2017 / Proposed Rules                                                                       36717

                                                    changes to these requirements since                                    definition of a PRD on containers in the                        containers, we estimate the impact of
                                                    they allow calculations based on                                       OSWRO industry, and costs associated                            our proposal to be an annual reduction
                                                    process knowledge, and do not require                                  with the PRD release event prohibition                          of $4.2 million. Cost information,
                                                    that calculations be based on monitoring                               and monitoring requirements were not                            including wireless PRD monitor costs, is
                                                    conducted pursuant at 63.691(c)(3)(i).                                 estimated for this equipment. Therefore,                        available in the docket for this action.
                                                                                                                           the capital and annualized costs in the
                                                    IV. Summary of Cost, Environmental,                                                                                                    D. What are the economic impacts?
                                                                                                                           2015 final rule were underestimated, as
                                                    and Economic Impacts
                                                                                                                           these costs were not included. To                                 We performed a national economic
                                                    A. What are the affected sources?                                      determine the impacts of the 2015 final                         impact analysis for the 49 OSWRO
                                                      We estimate that 49 existing sources                                 rule, considering the monitoring                                facilities affected by this proposed rule.
                                                    would be affected by the revised                                       requirements for PRDs on containers                             The updated national costs under this
                                                    monitoring requirements being                                          based on the data now available to the                          reconsideration, accounting for the data
                                                    proposed in this action.                                               EPA from ACC and ETC, we have                                   provided by ACC and the ETC, are $1.3
                                                                                                                           estimated the costs and the potential                           million in capital costs in 2018, or
                                                    B. What are the air quality impacts?                                   emission reductions associated with                             $200,000 in total annualized costs under
                                                      We are proposing revised                                             wireless PRD monitors for containers.                           a 7-percent interest rate ($170,000
                                                    requirements for PRD monitoring on                                     Using vendor estimates for wireless PRD                         million in total annualized costs under
                                                    containers on the basis that the                                       monitor costs, we estimate that the                             a 3-percent interest rate).3 After
                                                    inspection and monitoring requirements                                 capital costs per facility with the                             updating the baseline costs of the PRD
                                                    in 40 CFR part 63, subpart PP                                          average number of containers with PRDs                          monitoring requirements as written in
                                                    incorporated into the OSWRO NESHAP                                     would be approximately $570,000, and                            the 2015 rule, in consideration of the
                                                    are sufficient. We project that the                                    the capital costs for the industry (49                          data provided by ACC and the ETC, this
                                                    proposed standard would not result in                                  facilities) would be approximately $28                          reconsideration constitutes a $28
                                                    any change in emissions compared to                                    million. The total annualized costs per                         million reduction in the capital cost or
                                                    the existing OSWRO NESHAP.                                             facility (assuming a 15-year equipment                          a $4.2 million reduction in annualized
                                                                                                                           life and a 7- percent interest rate) are                        costs assuming an interest rate of 7-
                                                    C. What are the cost impacts?                                          estimated to be approximately $85,000                           percent ($3.4 million reduction in
                                                       When the OSWRO NESHAP were                                          and approximately $4.2 million for the                          annualized costs assuming an interest
                                                    finalized in 2015, the EPA was not                                     industry. Therefore, by removing the                            rate of 3-percent). These costs can be
                                                    aware of equipment meeting the                                         requirement to monitor PRDs on                                  seen in Table 1.

                                                                                                       TABLE 1—RE-ESTIMATED COST AND RECONSIDERATION COST
                                                                                                                                                 [$2016, millions]

                                                                                                                                                                                                              Total annualized costs
                                                                                                                                                                                Capital costs
                                                                                                                                                                                                              7%                  3%

                                                    Re-estimated Cost (New Baseline) ...........................................................................                            29                      4.4                      3.6
                                                    Reconsidered Cost ....................................................................................................                  1.3                    0.20                     0.17
                                                    Burden Reduction ......................................................................................................                ¥28                     ¥4.2                     ¥3.4
                                                       Note: Estimates rounded to 2 significant figures. Totals may not sum due to rounding.


                                                      In terms of the present value of the                                 under a 7-percent discount rate ($42                            percent discount rate ($3.5 million
                                                    costs, the reconsidered requirements                                   million under a 3-percent discount rate).                       annually at a 3-percent discount rate) in
                                                    compared to the re-estimated costs of                                  In terms of the equivalent annualized                           reduced compliance costs compared to
                                                    the promulgated rule (the new baseline)                                values, this reconsideration constitutes                        the new baseline estimation.4 These
                                                    constitute a decrease of $39 million                                   $4.3 million dollars annually at a 7-                           values can be seen in Table 2, below.

                                                                                     TABLE 2—RE-ESTIMATED PRD PROMULGATED COST AND RECONSIDERATION COST
                                                                                                                                                 [$2016, millions]

                                                                                                                             Re-estimated cost                                Reconsidered cost                     Burden reduction
                                                                                                                              (new baseline)
                                                                                                                                                                              7%                3%                 7%                  3%
                                                                                                                           7%                       3%

                                                    Present Value ..........................................                       $41                      $44                    $1.9              $2.0             ¥$39              ¥$42
                                                    Equivalent Annualized Value ...................                                 4.5                      3.7                   0.20              0.17             ¥4.3              ¥3.5
                                                       Note: These values are estimated over 15 years. Totals may not sum due to rounding.
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                                                      More information and details of this                                 technical document, ‘‘Economic Impact                           Off-Site Waste and Recovery
                                                    analysis, including the conclusions                                    Analysis for the Proposed                                       Operations,’’ which is available in the
                                                    stated above, are provided in the                                      Reconsideration of the 2015 NESHAP:                             rulemaking docket.


                                                      3 We assume affected facilities will start incurring                   4 The equivalent annualized value represents the

                                                    costs in 2018, after the final rule is finalized.                      even flow of the present value of costs over the
                                                                                                                           technical life of the monitors.


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                                                    36718                   Federal Register / Vol. 82, No. 150 / Monday, August 7, 2017 / Proposed Rules

                                                    E. What are the benefits?                               burden reduction compared to the re-                  proposed action would not alter those
                                                      We project that the proposed standard                 estimated costs of the 2015 rule as                   conclusions.
                                                    would not result in any change in                       promulgated. We have, therefore,
                                                                                                                                                                  H. Executive Order 13211: Actions
                                                    emissions compared to the existing                      concluded that this action does not have
                                                                                                                                                                  Concerning Regulations That
                                                    OSWRO NESHAP.                                           a significant impact on a substantial
                                                                                                                                                                  Significantly Affect Energy Supply,
                                                                                                            number of small entities. For more
                                                    V. Statutory and Executive Order                                                                              Distribution, or Use
                                                                                                            information, see the ‘‘Economic Impact
                                                    Reviews                                                 Analysis for the Proposed                               This action is not subject to Executive
                                                      Additional information about these                    Reconsideration of the 2015 NESHAP:                   Order 13211 because it is not a
                                                    statutes and Executive Orders can be                    Off-Site Waste and Recovery                           significant regulatory action under
                                                    found at https://www.epa.gov/laws-                      Operations,’’ which is available in the               Executive Order 12866.
                                                    regulations/laws-and-executive-orders.                  rulemaking docket.                                    I. National Technology Transfer and
                                                    A. Executive Order 12866: Regulatory                    D. Unfunded Mandates Reform Act                       Advancement Act (NTTAA)
                                                    Planning and Review and Executive                       (UMRA)                                                   This rulemaking does not involve
                                                    Order 13563: Improving Regulation and                                                                         technical standards.
                                                                                                              This action does not contain an
                                                    Regulatory Review
                                                                                                            unfunded mandate of $100 million or                   J. Executive Order 12898: Federal
                                                      This action is not a significant                      more as described in UMRA, 2 U.S.C.                   Actions to Address Environmental
                                                    regulatory action and was, therefore, not               1531–1538, and does not significantly or              Justice in Minority Populations and
                                                    submitted to the Office of Management                   uniquely affect small governments. The                Low-Income Populations
                                                    and Budget (OMB) for review.                            action imposes no enforceable duty on                    The EPA believes that this action does
                                                    B. Paperwork Reduction Act (PRA)                        any state, local, tribal governments, or              not have disproportionately high and
                                                                                                            the private sector.                                   adverse human health or environmental
                                                       This action does not impose any new
                                                    information collection burden under the                 E. Executive Order 13132: Federalism                  effects on minority populations, low-
                                                    PRA. OMB has previously approved the                                                                          income populations, and/or indigenous
                                                                                                              This action does not have federalism                peoples, as specified in Executive Order
                                                    information collection activities
                                                                                                            implications. It will not have substantial            12898 (59 FR 7629, February 16, 1994).
                                                    contained in the existing regulations at
                                                    40 CFR part 63, subpart DD under the                    direct effects on the states, on the                     In the 2015 final rule, the EPA
                                                    provisions of the PRA, 44 U.S.C. 3501                   relationship between the national                     determined that the current health risks
                                                    et seq. and has assigned OMB control                    government and the states, or on the                  posed by emissions from this source
                                                    number 1717.11. The proposed                            distribution of power and                             category are acceptable and provide an
                                                    amendments removed monitoring                           responsibilities among the various                    ample margin of safety to protect public
                                                    requirements for PRDs on containers,                    levels of government.                                 health and prevent adverse
                                                    and these proposed amendments do not                    F. Executive Order 13175: Consultation                environmental effects. To gain a better
                                                    affect the estimated information                        and Coordination With Indian Tribal                   understanding of the source category
                                                    collection burden of the existing rule.                 Governments                                           and near source populations, the EPA
                                                    You can find a copy of the Information                                                                        conducted a proximity analysis for
                                                    Collection Request in the docket at                       This action does not have tribal                    OSWRO facilities prior to proposal in
                                                    Docket ID No. EPA–HQ–OAR–2012–                          implications as specified in Executive                2014 to identify any overrepresentation
                                                    0360 for this rule.                                     Order 13175. This action will not have                of minority, low income, or indigenous
                                                                                                            substantial direct effects on tribal                  populations. This analysis gave an
                                                    C. Regulatory Flexibility Act (RFA)                     governments, on the relationship                      indication of the prevalence of sub-
                                                       I certify that this action will not have             between the federal government and                    populations that might be exposed to air
                                                    a significant economic impact on a                      Indian tribes, or on the distribution of              pollution from the sources. We revised
                                                    substantial number of small entities                    power and responsibilities between the                this analysis to include four additional
                                                    under the RFA. In making this                           federal government and Indian tribes, as              OSWRO facilities that the EPA learned
                                                    determination, the impact of concern is                 specified in Executive Order 13175.                   about after proposal for the 2015 rule.
                                                    any significant adverse economic                        Thus, Executive Order 13175 does not                  The EPA determined that the final rule
                                                    impact on small entities. An agency may                 apply to this action.                                 would not have disproportionately high
                                                    certify that a rule will not have a                     G. Executive Order 13045: Protection of               and adverse human health or
                                                    significant economic impact on a                        Children From Environmental Health                    environmental effects on minority, low
                                                    substantial number of small entities if                 Risks and Safety Risks                                income, or indigenous populations. The
                                                    the rule relieves regulatory burden, has                                                                      revised proximity analysis results and
                                                    no net burden, or otherwise has a                         This action is not subject to Executive             the details concerning its development
                                                    positive economic effect on the small                   Order 13045 because it is not                         are presented in the memorandum
                                                    entities subject to the rule. This rule                 economically significant as defined in                titled, Updated Environmental Justice
                                                    relieves regulatory burden by reducing                  Executive Order 12866, and because the                Review: Off-Site Waste and Recovery
                                                    compliance costs associated with                        EPA does not believe the environmental                Operations RTR, available in the docket
                                                    monitoring PRDs on containers. The                      health or safety risks addressed by this              for this action (Docket Document ID No.
                                                    Agency has determined that of the 28                    action present a disproportionate risk to
jstallworth on DSKBBY8HB2PROD with PROPOSALS




                                                                                                                                                                  EPA–HQ–OAR–2012–0360–0109). This
                                                    firms that own the 49 facilities in the                 children. The EPA’s risk assessments for              proposed action would not alter the
                                                    OSWRO source category, two firms, or                    the 2015 final rule (Docket ID No. EPA–               conclusions made in the 2015 final rule
                                                    7 percent, can be classified as small                   HQ–OAR–2012–0360) demonstrate that                    regarding this analysis.
                                                    firms. The cost to sales ratio of the                   the current regulations are associated
                                                    reconsidered cost of the monitoring                     with an acceptable level of risk and                  List of Subjects in 40 CFR Part 63
                                                    requirements for these two firms is                     provide an ample margin of safety to                    Environmental protection,
                                                    significantly less than 1 percent. In                   protect public health and prevent                     Administrative practice and procedure,
                                                    addition, this action constitutes a                     adverse environmental effects. This                   Air pollution control, Hazardous


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                                                                             Federal Register / Vol. 82, No. 150 / Monday, August 7, 2017 / Proposed Rules                                            36719

                                                    substances, Intergovernmental relations,                      Notice of proposed rulemaking
                                                                                                            ACTION:                                                    Procedures as Supplemented by E.O.
                                                    Reporting and recordkeeping                             (NPRM).                                                    13563)
                                                    requirements.                                                                                                   B. Regulatory Flexibility Act (Small
                                                                                                            SUMMARY:   FMCSA proposes to amend its                     Entities)
                                                      Dated: July 27, 2017.                                 rulemaking procedures by revising the                   C. Assistance for Small Entities
                                                    E. Scott Pruitt,                                        process for preparing and adopting                      D. Unfunded Mandates Reform Act of 1995
                                                    Administrator.                                          rules, petitions, and direct final rules.               E. Paperwork Reduction Act (Collection of
                                                      For the reasons set forth in the                      Also, the Agency adds new definitions,                     Information)
                                                    preamble, title 40, chapter I of the Code                                                                       F. E.O. 13132 (Federalism)
                                                                                                            and makes general administrative                        G. E.O. 12988 (Civil Justice Reform)
                                                    of Federal Regulations is proposed to be                corrections throughout its rulemaking                   H. E.O. 13045 (Protection of Children)
                                                    amended as follows:                                     procedures. These proposed actions are                  I. E.O. 12630 (Taking of Private Property)
                                                                                                            authorized under the Fixing America’s                   J. Privacy
                                                    PART 63—NATIONAL EMISSION                               Surface Transportation (FAST) Act and                   K. E.O. 12372 (Intergovermental Review)
                                                    STANDARDS FOR HAZARDOUS AIR                             the Administrative Procedure Act                        L. E.O. 13211 (Energy Supply, Distribution,
                                                    POLLUTANTS FOR SOURCE                                   (APA).                                                     or Use)
                                                    CATEGORIES                                                                                                      M. E.O. 13175 (Indian Tribal Governments)
                                                                                                            DATES: Comments on this document                        N. National Technology Transfer and
                                                    ■ 1. The authority citation for part 63                 must be received on or before October                      Advancement Act (Technical Standards)
                                                    continues to read as follows:                           6, 2017.                                                O. Environment (NEPA, CAA,
                                                        Authority: 42 U.S.C. 7401, et seq.                  ADDRESSES: You may submit comments                         Environmental Justice)
                                                                                                            identified by Docket Number FMCSA–
                                                                                                                                                                  I. Public Participation and Request for
                                                    Subpart DD—National Emission                            2016–0341 using any of the following
                                                                                                                                                                  Comments
                                                    Standards for Hazardous Air Pollutants                  methods:
                                                    for Hazardous Air Pollutants from Off-                     • Federal eRulemaking Portal: http://              A. Submitting Comments
                                                    Site Waste and Recovery Operations                      www.regulations.gov. Follow the online
                                                                                                            instructions for submitting comments.                   If you submit a comment, please
                                                    ■ 2. Section 63.691 is amended by                          • Mail: Docket Management Facility,                include the docket number for this
                                                    revising paragraph (c)(3) introductory                  U.S. Department of Transportation, 1200               NPRM (Docket No. FMCSA–2016–
                                                    text to read as follows:                                New Jersey Avenue SE., West Building,                 0341), indicate the specific section of
                                                                                                            Ground Floor, Room W12–140,                           this document to which each section of
                                                    § 63.691    Standards: Equipment leaks.                                                                       your comment applies, and provide a
                                                                                                            Washington, DC 20590–0001.
                                                    *      *      *     *     *                                • Hand Delivery or Courier: West                   reason for each suggestion or
                                                       (c) * * *                                            Building, Ground Floor, Room W12–                     recommendation. You may submit your
                                                       (3) Pressure release management.                     140, 1200 New Jersey Avenue SE.,                      comments and material online or by fax,
                                                    Except as provided in paragraph (c)(4)                  Washington, DC, between 9 a.m. and 5                  mail, or hand delivery, but please use
                                                    of this section, emissions of HAP listed                p.m., Monday through Friday, except                   only one of these means. FMCSA
                                                    in Table 1 of this subpart may not be                   Federal holidays.                                     recommends that you include your
                                                    discharged directly to the atmosphere                      • Fax: 202–493–2251.                               name and a mailing address, an email
                                                    from pressure relief devices in off-site                   To avoid duplication, please use only              address, or a phone number in the body
                                                    material service, and according to the                  one of these four methods. See the                    of your document so that FMCSA can
                                                    date an affected source commenced                       ‘‘Public Participation and Request for                contact you if there are questions
                                                    construction or reconstruction and the                  Comments’’ portion of the                             regarding your submission.
                                                    date an affected source receives off-site               SUPPLEMENTARY INFORMATION section for
                                                    material for the first time, as established                                                                     To submit your comment online, go to
                                                                                                            instructions on submitting comments.                  http://www.regulations.gov, put the
                                                    in § 63.680(e)(i) through (iii), the owner              FOR FURTHER INFORMATION CONTACT: Mr.
                                                    or operator must comply with the                                                                              docket number, FMCSA–2016–0341, in
                                                                                                            Bivan R. Patnaik, Chief, Regulatory                   the keyword box, and click ‘‘Search.’’
                                                    requirements specified in paragraphs                    Development Division, Federal Motor
                                                    (c)(3)(i) and (ii) of this section for all                                                                    When the new screen appears, click on
                                                                                                            Carrier Safety Administration, 1200                   the ‘‘Comment Now!’’ button and type
                                                    pressure relief devices in off-site                     New Jersey Avenue SE., Washington,
                                                    material service, except that containers                                                                      your comment into the text box on the
                                                                                                            DC 20590–0001 or by telephone at 202–                 following screen. Choose whether you
                                                    are not subject to the obligations in                   366–8092 or Bivan.Patnaik@dot.gov. If
                                                    (c)(3)(i) of this section.                                                                                    are submitting your comment as an
                                                                                                            you have questions on viewing or                      individual or on behalf of a third party
                                                    *      *      *     *     *                             submitting material to the docket,
                                                    [FR Doc. 2017–16494 Filed 8–4–17; 8:45 a.m.]
                                                                                                                                                                  and then submit.
                                                                                                            contact Docket Services, telephone (202)
                                                    BILLING CODE 6560–50–P                                  366–9826.                                               If you submit your comments by mail
                                                                                                                                                                  or hand delivery, submit them in an
                                                                                                            SUPPLEMENTARY INFORMATION: This
                                                                                                                                                                  unbound format, no larger than 81⁄2 by
                                                                                                            NPRM is organized as follows:
                                                    DEPARTMENT OF TRANSPORTATION                                                                                  11 inches, suitable for copying and
                                                                                                            I. Public Participation and Request for               electronic filing. If you submit
                                                                                                                  Comments                                        comments by mail and would like to
                                                    Federal Motor Carrier Safety
                                                                                                               A. Submitting Comments
                                                    Administration                                             B. Viewing Comments and Documents
                                                                                                                                                                  know that they reached the facility,
                                                                                                                                                                  please enclose a stamped, self-addressed
jstallworth on DSKBBY8HB2PROD with PROPOSALS




                                                                                                               C. Privacy Act
                                                    49 CFR Part 389                                            D. Waiver of Advance Notice of Proposed            postcard or envelope.
                                                                                                                  Rulemaking                                        FMCSA will consider all comments
                                                    [Docket No. FMCSA–2016–0341]
                                                                                                            II. Legal Basis for the Rulemaking                    and material received during the
                                                    RIN 2126–AB96                                           III. Discussion of Proposed Rulemaking                comment period and may change this
                                                                                                            IV. International Impacts
                                                                                                            V. Section-by-Section Analysis                        proposed rule based on your comments.
                                                    Rulemaking Procedures Update
                                                                                                            VI. Regulatory Analyses                               FMCSA may issue a final rule at any
                                                    AGENCY:Federal Motor Carrier Safety                        A. E.O. 12866 (Regulatory Planning and             time after the close of the comment
                                                    Administration (FMCSA), DOT.                                  Review and DOT Regulatory Policies and          period.


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Document Created: 2017-08-05 03:00:17
Document Modified: 2017-08-05 03:00:17
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments. Comments must be received on or before September 21, 2017.
ContactFor questions about this proposed action, please contact Ms. Angie Carey, Sector Policies and Programs Division (E143-01), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541-2187; fax number: (919) 541-0246;
FR Citation82 FR 36713 
RIN Number2060-AT48
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Air Pollution Control; Hazardous Substances; Intergovernmental Relations and Reporting and Recordkeeping Requirements

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