82 FR 37822 - Revisions to Procedure 2-Quality Assurance Requirements for Particulate Matter Continuous Emission Monitoring Systems at Stationary Sources

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 155 (August 14, 2017)

Page Range		37822-37824
FR Document		2017-17123

The Environmental Protection Agency (EPA) is finalizing revisions to Procedure 2 that were proposed in the Federal Register on November 21, 2016. Procedure 2 includes quality assurance/quality control (QA/QC) procedures for particulate matter (PM) continuous emission monitoring systems (CEMS) used for compliance determination at stationary sources. The QA procedures specify the minimum requirements necessary for the control and assessment of the quality of PM CEMS data submitted to the EPA and other regulatory authorities. This action establishes consistent requirements for ensuring and assessing the quality of PM data measured by CEMS that meet initial acceptance requirements in Performance Specification (PS) 11 of appendix B to part 60.

Federal Register, Volume 82 Issue 155 (Monday, August 14, 2017)

[Federal Register Volume 82, Number 155 (Monday, August 14, 2017)]
[Rules and Regulations]
[Pages 37822-37824]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17123]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2016-0382; FRL-9966-25-OAR]
RIN 2060-AT15


Revisions to Procedure 2--Quality Assurance Requirements for 
Particulate Matter Continuous Emission Monitoring Systems at Stationary 
Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is finalizing 
revisions to Procedure 2 that were proposed in the Federal Register on 
November 21, 2016. Procedure 2 includes quality assurance/quality 
control (QA/QC) procedures for particulate matter (PM) continuous 
emission monitoring systems (CEMS) used for compliance determination at 
stationary sources. The QA procedures specify the minimum requirements 
necessary for the control and assessment of the quality of PM CEMS data 
submitted to the EPA and other regulatory authorities. This action 
establishes consistent requirements for ensuring and assessing the 
quality of PM data measured by CEMS that meet initial acceptance 
requirements in Performance Specification (PS) 11 of appendix B to part 
60.

DATES: This final rule is effective on September 13, 2017.

ADDRESSES: Docket: The EPA has established a docket for this rulemaking 
under Docket ID No. EPA-HQ-OAR-2016-0382. All documents in the docket 
are listed at https://www.regulations.gov. Although listed in the 
index, some information is not publicly available, e.g., Confidential 
Business Information (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 form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the EPA Docket Center, Room 3334, EPA WJC West Building, 1301 
Constitution Avenue NW., Washington, DC 20004. 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.

FOR FURTHER INFORMATION CONTACT: Ms. Kimberly Garnett, Office of Air 
Quality Planning and Standards, Air Quality Assessment Division, 
Measurement Technology Group (Mail Code: E143-02), U.S. Environmental 
Protection Agency, Research Triangle Park, NC 27709; telephone number: 
(919) 541-1158; fax number: (919) 541-0516; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: 
    The information in this document is organized as follows:

I. General Information
    A. Does this action apply to me?
    B. Where can I get a copy of this document and other related 
information?
    C. Judicial Review
II. Background
III. Final Revisions to Procedure 2
IV. Summary of Major Comments and Responses
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
    K. Congressional Review Act (CRA)

I. General Information

A. Does this action apply to me?

    The entities potentially affected by this rule include any facility 
that is required to install and operate a PM CEMS under any provision 
of title 40 of the Code of Federal Regulations. If you have any 
questions regarding the applicability of this action to a particular 
entity, consult the person listed in the FOR FURTHER INFORMATION 
CONTACT section of this document.

B. 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 through the EPA's Technology 
Transfer Network (TTN) Web site, a forum for information and technology 
exchange in various areas of air quality management, measurement 
standards and implementation, etc. Following publication in the Federal 
Register, the EPA will post the Federal Register version of the 
promulgation and key technical documents on the TTN at http://www.epa.gov/ttn/emc/promulgated.html.

C. Judicial Review

    Under section 307(b)(1) of the Clean Air Act (CAA), judicial review 
of this final rule is available only by filing a petition for review in 
the U.S. Court of Appeals for the District of Columbia Circuit by 
October 13, 2017. Under

[[Page 37823]]

section 307(d)(7)(B) of the CAA, only an objection to this final rule 
that was raised with reasonable specificity during the period for 
public comment can be raised during judicial review. Moreover, under 
section 307(b)(2) of the CAA, the requirements established by this 
final rule may not be challenged separately in any civil or criminal 
proceedings brought by the EPA to enforce these requirements. Section 
307(d)(7)(B) of the CAA further provides that ``[o]nly an objection to 
a rule or procedure which was raised with reasonable specificity during 
the period for public comment (including any public hearing) may be 
raised during judicial review.'' This section also provides a mechanism 
for the EPA to convene a proceeding for reconsideration, ``[i]f the 
person raising an objection can demonstrate to the EPA that it was 
impracticable to raise such objection within [the period for public 
comment] or if the grounds for such objection arose after the period 
for public comment (but within the time specified for judicial review) 
and if such objection is of central relevance to the outcome of the 
rule.'' Any person seeking to make such a demonstration to us should 
submit a Petition for Reconsideration to the Office of the 
Administrator, U.S. EPA, Room 3000, William Jefferson Clinton Building, 
1200 Pennsylvania Avenue NW., Washington, DC 20460, with a copy to both 
the person(s) listed in the preceding FOR FURTHER INFORMATION CONTACT 
section, and the Associate General Counsel for the Air and Radiation 
Law Office, Office of General Counsel (Mail Code 2344A), U.S. EPA, 1200 
Pennsylvania Avenue NW., Washington, DC 20460. Filing a petition for 
reconsideration by the Administrator of this final action does not 
affect the finality of this action for the purposes of judicial review, 
nor does it extend the time within which a petition for judicial review 
must be filed, and shall not postpone the effectiveness of this action.

II. Background

    On January 12, 2004, the EPA promulgated Procedure 2--Quality 
Assurance Requirements for Particulate Matter Continuous Emission 
Monitoring Systems at Stationary Sources (69 FR 1786). Procedure 2, 
sections 10.4 (5) and (6), contain a requirement for conducting the 
annual Relative Correlation Audit (RCA) or Relative Response Audit 
(RRA) QA/QC test procedures, in which a specified amount of the 
required number of PM CEMS response values, or data points, must lie 
within the PM CEMS response range used to develop the PM CEMS 
correlation curve. In other words, when conducting the annual QA/QC 
tests, the PM CEMS response values should not be higher or lower than 
the values used to develop the correlation curve for that PM CEMS. 
Recently, as PM emission limits have been reduced and facilities have 
installed more robust PM emission control devices, a number of 
facilities have found that their PM emissions are lower than their PM 
CEMS correlation curve and, as a result, the facilities are now unable 
to meet the criteria needed to pass the annual Procedure 2 QA/QC tests. 
The EPA proposed to modify this language in Procedure 2 through a 
direct final rule (81 FR 83160; November 21, 2016) and a parallel 
proposed rule (81 FR 83189; November 21, 2016). In the direct final 
rule, the EPA stated that if the agency received any significant and 
relevant adverse comments to the direct final rule, it would withdraw 
the direct final rule and address all public comments in a subsequent 
final rule based on the proposed rule. The EPA stated it would not 
institute a second comment period on the proposed rule (81 FR 83161, 
November 21, 2016). The EPA received one significant and relevant 
adverse comment and, therefore, published a withdrawal of the direct 
final rule (81 FR 10711; February 15, 2017). With this action, the EPA 
is responding to the adverse comment and finalizing revisions to 
Procedure 2.

III. Final Revisions to Procedure 2

    This action finalizes the changes to Procedure 2 that were proposed 
on November 21, 2016 (81 FR 83189), and responds to the adverse comment 
received in response to that proposal by addressing conflicting 
language in sections 10.4(5) and 10.4(6).

IV. Summary of Major Comments and Responses

    A commenter stated that the revisions to Procedure 2, as proposed 
by the EPA on November 21, 2016, do not achieve the intended result. As 
the commenter points out, sections 10.4(5) and 10.4(6) still contain 
language which requires that a portion of the data points from the RRA 
and RCA ``must lie within the PM CEMS output range used to develop your 
correlation curve.'' The commenter suggested that language in sections 
10.4(5)(ii) and 10.4(6)(ii) be removed. The EPA agrees with the 
commenter and removed the language in sections 10.4(5)(ii) and 
10.4(6)(ii). In addition, the language allowing the extension of the 
correlation curve to accommodate points that are lower than the 
original curve has been moved to make it clear that it is needed only 
when determining if the RRA and RCA meet the  25 percent 
criteria originally contained in sections 10.4(5)(iii) and 
10.4(6)(iii).

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was, 
therefore, not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA. This action provides performance criteria and QA/QC test 
procedures for assessing the acceptability of PM CEMS performance and 
data quality. These criteria and QA/QC test procedures do not add 
information collection requirements beyond those currently required 
under the applicable regulation.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities. There are no 
small entities in the regulated industry for which Procedure 2 applies.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action imposes no enforceable duty on any 
state, local or tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175. Procedure 2 is applicable to facility owners and 
operators who are responsible for one or more PM CEMS used for 
monitoring emissions. Thus, Executive Order 13175 does not apply to 
this action.

[[Page 37824]]

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

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (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 will not have disproportionately 
high and adverse human health or environmental effects on minority or 
low-income populations because it does not affect the level of 
protection provided to human health or the environment. This action 
will help to ensure that emission control devices are operated properly 
and maintained as needed, thereby helping to ensure compliance with 
emission standards, which would benefit all affected populations.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects in 40 CFR Part 60

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Continuous emission monitoring systems, 
Particulate matter, Performance specifications, Test methods and 
procedures.

    Dated: August 7, 2017.
E. Scott Pruitt,
Administrator.

    For the reasons stated in the preamble, title 40, chapter I of the 
Code of Federal Regulations is amended as follows:

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

0
1. The authority citation for part 60 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.


0
2. In Appendix F, Procedure 2, in section 10.4, paragraphs (5) and (6) 
are revised to read as follows:

Appendix F to Part 60--Quality Assurance Procedures

* * * * *

Procedure 2--Quality Assurance Requirements for Particulate Matter 
Continuous Emission Monitoring Systems at Stationary Sources

* * * * *
    10.4 * * *
    (5) What are the criteria for passing a RCA? To pass a RCA, you 
must meet the criteria specified in paragraphs (5)(i) and (ii) of 
this section. If your PM CEMS fails to meet these RCA criteria, it 
is out of control.
    (i) For all 12 data points, the PM CEMS response value can be no 
greater than the greatest PM CEMS response value used to develop 
your correlation curve.
    (ii) At least 75 percent of a minimum number of 12 sets of PM 
CEMS and reference method measurements must fall within a specified 
area on a graph of the correlation regression line. The specified 
area on the graph of the correlation regression line is defined by 
two lines parallel to the correlation regression line, offset at a 
distance of 25 percent of the numerical emission limit 
value from the correlation regression line. If any of the PM CEMS 
response values resulting from your RCA are lower than the lowest PM 
CEMS response value of your existing correlation curve, you may 
extend your correlation regression line to the point corresponding 
to the lowest PM CEMS response value obtained during the RCA. This 
extended correlation regression line must then be used to determine 
if the RCA data meets this criterion.
    (6) What are the criteria to pass a RRA? To pass a RRA, you must 
meet the criteria specified in paragraphs (6)(i) and (ii) of this 
section. If your PM CEMS fails to meet these RRA criteria, it is out 
of control.
    (i) For all three data points, the PM CEMS response value can be 
no greater than the greatest PM CEMS response value used to develop 
your correlation curve.
    (ii) At least two of the three sets of PM CEMS and reference 
method measurements must fall within the same specified area on a 
graph of the correlation regression line as required for the RCA and 
described in paragraph (5)(ii) of this section.
* * * * *
[FR Doc. 2017-17123 Filed 8-11-17; 8:45 am]
BILLING CODE 6560-50-P

37822 Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Rules and Regulations

EPA can withdraw this direct final rule SUMMARY: The Environmental Protection C. Judicial Review
and address the comment in the Agency (EPA) is finalizing revisions to II. Background
proposed rulemaking. This action may Procedure 2 that were proposed in the III. Final Revisions to Procedure 2
IV. Summary of Major Comments and
not be challenged later in proceedings to Federal Register on November 21, 2016. Responses
enforce its requirements. (See section Procedure 2 includes quality assurance/ V. Statutory and Executive Order Reviews
307(b)(2).) quality control (QA/QC) procedures for A. Executive Order 12866: Regulatory
particulate matter (PM) continuous Planning and Review and Executive
List of Subjects in 40 CFR Part 52 emission monitoring systems (CEMS) Order 13563: Improving Regulation and
Environmental protection, Air used for compliance determination at Regulatory Review
pollution control, Incorporation by stationary sources. The QA procedures B. Paperwork Reduction Act (PRA)
reference, Intergovernmental relations, specify the minimum requirements C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act
Nitrogen dioxide, Ozone, Reporting and necessary for the control and assessment (UMRA)
recordkeeping requirements, Volatile of the quality of PM CEMS data E. Executive Order 13132: Federalism
organic compounds. submitted to the EPA and other F. Executive Order 13175: Consultation
Dated: July 24, 2017. regulatory authorities. This action and Coordination With Indian Tribal
Deborah A. Szaro,
establishes consistent requirements for Governments
ensuring and assessing the quality of G. Executive Order 13045: Protection of
Acting Regional Administrator, EPA New Children From Environmental Health
England.
PM data measured by CEMS that meet
initial acceptance requirements in Risks and Safety Risks
40 CFR part 52 is amended as follows: H. Executive Order 13211: Actions
Performance Specification (PS) 11 of Concerning Regulations That
appendix B to part 60. Significantly Affect Energy Supply,
PART 52—APPROVAL AND
DATES: This final rule is effective on Distribution, or Use
PROMULGATION OF
September 13, 2017. I. National Technology Transfer and
IMPLEMENTATION PLANS Advancement Act (NTTAA)
ADDRESSES: Docket: The EPA has
J. Executive Order 12898: Federal Actions
■ 1. The authority citation for part 52 established a docket for this rulemaking
To Address Environmental Justice in
continues to read as follows: under Docket ID No. EPA–HQ–OAR– Minority Populations and Low-Income
2016–0382. All documents in the docket Populations
Authority: 42 U.S.C. 7401 et seq.
are listed at https:// K. Congressional Review Act (CRA)
Subpart H—Connecticut www.regulations.gov. Although listed in
the index, some information is not I. General Information
■ 2. Section 52.377 is amended by publicly available, e.g., Confidential A. Does this action apply to me?
adding paragraph (r) to read as follows: Business Information (CBI) or other
The entities potentially affected by
information whose disclosure is
§ 52.377 Control strategy: Ozone. this rule include any facility that is
restricted by statute. Certain other
* * * * * required to install and operate a PM
material, such as copyrighted material,
(r) Approval. Submittal from the CEMS under any provision of title 40 of
is not placed on the Internet and will be
Connecticut Department of Energy and the Code of Federal Regulations. If you
publicly available only in hard copy
Environmental Protection dated March have any questions regarding the
form. Publicly available docket
9, 2017, to address the nonattainment applicability of this action to a
materials are available either
new source review requirements for the particular entity, consult the person
electronically through
2008 8-hour ozone NAAQS for the listed in the FOR FURTHER INFORMATION
www.regulations.gov or in hard copy at
CONTACT section of this document.
Greater Connecticut and the New York- the EPA Docket Center, Room 3334,
N. New Jersey-Long Island, NY–NJ–CT EPA WJC West Building, 1301 B. Where can I get a copy of this
ozone nonattainment areas, as it meets Constitution Avenue NW., Washington, document and other related
the requirements for both the State’s DC 20004. The Public Reading Room is information?
marginal and moderate classifications. open from 8:30 a.m. to 4:30 p.m., In addition to being available in the
[FR Doc. 2017–17021 Filed 8–11–17; 8:45 am] Monday through Friday, excluding legal docket, an electronic copy of this action
BILLING CODE 6560–50–P holidays. The telephone number for the is available on the Internet through the
Public Reading Room is (202) 566–1744, EPA’s Technology Transfer Network
and the telephone number for the EPA (TTN) Web site, a forum for information
ENVIRONMENTAL PROTECTION Docket Center is (202) 566–1742. and technology exchange in various
AGENCY FOR FURTHER INFORMATION CONTACT: Ms. areas of air quality management,
Kimberly Garnett, Office of Air Quality measurement standards and
40 CFR Part 60 Planning and Standards, Air Quality implementation, etc. Following
[EPA–HQ–OAR–2016–0382; FRL–9966–25– Assessment Division, Measurement publication in the Federal Register, the
OAR] Technology Group (Mail Code: E143– EPA will post the Federal Register
02), U.S. Environmental Protection version of the promulgation and key
RIN 2060–AT15 Agency, Research Triangle Park, NC technical documents on the TTN at
27709; telephone number: (919) 541– http://www.epa.gov/ttn/emc/
Revisions to Procedure 2—Quality 1158; fax number: (919) 541–0516; promulgated.html.
Assurance Requirements for email address: garnett.kim@epa.gov.
sradovich on DSK3GMQ082PROD with RULES

Particulate Matter Continuous C. Judicial Review
SUPPLEMENTARY INFORMATION:
Emission Monitoring Systems at The information in this document is Under section 307(b)(1) of the Clean
Stationary Sources organized as follows: Air Act (CAA), judicial review of this
AGENCY: Environmental Protection I. General Information final rule is available only by filing a
Agency (EPA). A. Does this action apply to me? petition for review in the U.S. Court of
B. Where can I get a copy of this document Appeals for the District of Columbia
ACTION: Final rule.
and other related information? Circuit by October 13, 2017. Under

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Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Rules and Regulations 37823

section 307(d)(7)(B) of the CAA, only an correlation curve. In other words, when percent criteria originally contained in
objection to this final rule that was conducting the annual QA/QC tests, the sections 10.4(5)(iii) and 10.4(6)(iii).
raised with reasonable specificity PM CEMS response values should not
V. Statutory and Executive Order
during the period for public comment be higher or lower than the values used
Reviews
can be raised during judicial review. to develop the correlation curve for that
Moreover, under section 307(b)(2) of the PM CEMS. Recently, as PM emission A. Executive Order 12866: Regulatory
CAA, the requirements established by limits have been reduced and facilities Planning and Review and Executive
this final rule may not be challenged have installed more robust PM emission Order 13563: Improving Regulation and
separately in any civil or criminal control devices, a number of facilities Regulatory Review
proceedings brought by the EPA to have found that their PM emissions are
This action is not a significant
enforce these requirements. Section lower than their PM CEMS correlation
307(d)(7)(B) of the CAA further provides curve and, as a result, the facilities are regulatory action and was, therefore, not
that ‘‘[o]nly an objection to a rule or now unable to meet the criteria needed submitted to the Office of Management
procedure which was raised with to pass the annual Procedure 2 QA/QC and Budget (OMB) for review.
reasonable specificity during the period tests. The EPA proposed to modify this B. Paperwork Reduction Act (PRA)
for public comment (including any language in Procedure 2 through a direct
public hearing) may be raised during final rule (81 FR 83160; November 21, This action does not impose an
judicial review.’’ This section also 2016) and a parallel proposed rule (81 information collection burden under the
provides a mechanism for the EPA to FR 83189; November 21, 2016). In the PRA. This action provides performance
convene a proceeding for direct final rule, the EPA stated that if criteria and QA/QC test procedures for
reconsideration, ‘‘[i]f the person raising the agency received any significant and assessing the acceptability of PM CEMS
an objection can demonstrate to the EPA relevant adverse comments to the direct performance and data quality. These
that it was impracticable to raise such final rule, it would withdraw the direct criteria and QA/QC test procedures do
objection within [the period for public final rule and address all public not add information collection
comment] or if the grounds for such comments in a subsequent final rule requirements beyond those currently
objection arose after the period for based on the proposed rule. The EPA required under the applicable
public comment (but within the time stated it would not institute a second regulation.
specified for judicial review) and if such comment period on the proposed rule C. Regulatory Flexibility Act (RFA)
objection is of central relevance to the (81 FR 83161, November 21, 2016). The
outcome of the rule.’’ Any person EPA received one significant and I certify that this action will not have
seeking to make such a demonstration to relevant adverse comment and, a significant economic impact on a
us should submit a Petition for therefore, published a withdrawal of the substantial number of small entities
Reconsideration to the Office of the direct final rule (81 FR 10711; February under the RFA. This action will not
Administrator, U.S. EPA, Room 3000, 15, 2017). With this action, the EPA is impose any requirements on small
William Jefferson Clinton Building, responding to the adverse comment and entities. There are no small entities in
1200 Pennsylvania Avenue NW., finalizing revisions to Procedure 2. the regulated industry for which
Washington, DC 20460, with a copy to Procedure 2 applies.
III. Final Revisions to Procedure 2
both the person(s) listed in the D. Unfunded Mandates Reform Act
preceding FOR FURTHER INFORMATION This action finalizes the changes to (UMRA)
CONTACT section, and the Associate Procedure 2 that were proposed on
General Counsel for the Air and November 21, 2016 (81 FR 83189), and This action does not contain any
Radiation Law Office, Office of General responds to the adverse comment unfunded mandate as described in
Counsel (Mail Code 2344A), U.S. EPA, received in response to that proposal by UMRA, 2 U.S.C. 1531–1538, and does
1200 Pennsylvania Avenue NW., addressing conflicting language in not significantly or uniquely affect small
Washington, DC 20460. Filing a petition sections 10.4(5) and 10.4(6). governments. This action imposes no
for reconsideration by the Administrator enforceable duty on any state, local or
IV. Summary of Major Comments and tribal governments or the private sector.
of this final action does not affect the Responses
finality of this action for the purposes of E. Executive Order 13132: Federalism
judicial review, nor does it extend the A commenter stated that the revisions
time within which a petition for judicial to Procedure 2, as proposed by the EPA This action does not have federalism
review must be filed, and shall not on November 21, 2016, do not achieve implications. It will not have substantial
postpone the effectiveness of this action. the intended result. As the commenter direct effects on the states, on the
points out, sections 10.4(5) and 10.4(6) relationship between the national
II. Background still contain language which requires government and the states, or on the
On January 12, 2004, the EPA that a portion of the data points from the distribution of power and
promulgated Procedure 2—Quality RRA and RCA ‘‘must lie within the PM responsibilities among the various
Assurance Requirements for Particulate CEMS output range used to develop levels of government.
Matter Continuous Emission Monitoring your correlation curve.’’ The commenter
F. Executive Order 13175: Consultation
Systems at Stationary Sources (69 FR suggested that language in sections
and Coordination With Indian Tribal
1786). Procedure 2, sections 10.4 (5) and 10.4(5)(ii) and 10.4(6)(ii) be removed.
Governments
(6), contain a requirement for The EPA agrees with the commenter
conducting the annual Relative and removed the language in sections This action does not have tribal
sradovich on DSK3GMQ082PROD with RULES

Correlation Audit (RCA) or Relative 10.4(5)(ii) and 10.4(6)(ii). In addition, implications, as specified in Executive
Response Audit (RRA) QA/QC test the language allowing the extension of Order 13175. Procedure 2 is applicable
procedures, in which a specified the correlation curve to accommodate to facility owners and operators who are
amount of the required number of PM points that are lower than the original responsible for one or more PM CEMS
CEMS response values, or data points, curve has been moved to make it clear used for monitoring emissions. Thus,
must lie within the PM CEMS response that it is needed only when determining Executive Order 13175 does not apply
range used to develop the PM CEMS if the RRA and RCA meet the ± 25 to this action.

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Document Created: 2018-10-24 11:51:43
Document Modified: 2018-10-24 11:51:43

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This final rule is effective on September 13, 2017.
Contact		Ms. Kimberly Garnett, Office of Air Quality Planning and Standards, Air Quality Assessment Division, Measurement Technology Group (Mail Code: E143-02), U.S. Environmental Protection Agency, Research Triangle Park, NC 27709; telephone number:
FR Citation		82 FR 37822
RIN Number		2060-AT15
CFR Associated		Environmental Protection; Administrative Practice and Procedure; Air Pollution Control; Continuous Emission Monitoring Systems; Particulate Matter; Performance Specifications and Test Methods and Procedures