82 FR 39671 - National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry: Alternative Monitoring Method
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 161 (August 22, 2017)
Federal Register Volume 82, Issue 161 (August 22, 2017)
| Page Range | 39671-39673 | |
| FR Document | 2017-17624 |
[Federal Register Volume 82, Number 161 (Tuesday, August 22, 2017)] [Rules and Regulations] [Pages 39671-39673] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-17624] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 63 [EPA-HQ-OAR-2016-0442; FRL-9966-64-OAR] RIN 2060-AT57 National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry: Alternative Monitoring Method AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The U.S. Environmental Protection Agency (EPA) published a direct final rule in the Federal Register on June 23, 2017 titled National Emission Standards for Hazardous Air Pollutants (NESHAP) From the Portland Cement Manufacturing Industry: Alternative Monitoring Method. This final rule removes the provisions that were added in the June 23, 2017, direct final rule and restores the provisions that were deleted in that rule. DATES: Effective August 22, 2017. FOR FURTHER INFORMATION CONTACT: Mr. Brian Storey, Sector Policies and Programs Division (D243-04), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541-1103; fax number: (919) 541-5450; and email address: [email protected]. SUPPLEMENTARY INFORMATION: I. Why is EPA taking this action? On June 23, 2017, the EPA published a direct final rule to amend the National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry (Portland Cement NESHAP) to allow an alternative monitoring method to be used to comply with hydrogen chloride (HCl) emissions standards (82 FR 28562). We stated in that direct final [[Page 39672]] rule that if we received adverse comment by July 3, 2017, the direct final rule would not take effect and we would publish a timely withdrawal in the Federal Register. At the same time, we published a parallel proposal, which proposed to make the same changes that were made in the direct final rulemaking (82 FR 28616). We subsequently received adverse comment on the direct final rule and the parallel proposal, but were unable to withdraw the direct final rule in a timely manner. In this document, we are taking final action to remove the provisions that were added to the Portland Cement NESHAP in the direct final rule and restoring the provisions that were deleted in that rule. This action will, thus, undo the changes made by the direct final rule. We are concurrently publishing a rule re-proposing and providing additional opportunity for public comment on the same amendment for the Portland Cement NESHAP that was proposed on June 23, 2017. Although the EPA did provide an opportunity for public comment on the parallel proposal, the EPA also finds that there is ``good cause'' under the Administrative Procedure Act (APA) (5 U.S.C. 553(b)(3)(B)) to make the amendments discussed in this final rule without prior notice and comment. For this rule, notice and comment is unnecessary because it simply implements an action that the EPA indicated it would take if it received adverse comment on the direct final rule. The record for the provisions being restored is the same record that supported those provisions in the first instance and that was previously subject to notice and comment. These actions are effective as of August 22, 2017. II. Statutory and Executive Order Reviews Additional information about these statutes and Executive Orders can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders. A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and was, therefore, not submitted to the Office of Management and Budget (OMB) for review. B. Paperwork Reduction Act (PRA) This action does not impose any new information collection burden under the PRA. OMB has previously approved the information collection activities contained in the existing regulation (40 CFR part 63, subpart LLL) and has assigned OMB control number 2060-0416. This action does not change the information collection requirements. C. Regulatory Flexibility Act (RFA) This action is not subject to the RFA. The RFA applies only to rules subject to notice and comment rulemaking requirements under the APA, 5 U.S.C. 553, or any other statute. The rule is not subject to notice and comment requirements because the agency has invoked the APA ``good cause'' exemption under 5 U.S.C. 553(b). D. Unfunded Mandates Reform Act (UMRA) This action does not contain an unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any state, local, or tribal governments or the private sector. E. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications, as specified in Executive Order 13175. It will neither impose substantial direct compliance costs on federally recognized tribal governments, nor preempt tribal law. The EPA is aware of one tribally owned Portland cement facility currently subject to 40 CFR part 63, subpart LLL that will be subject to this final rule. However, the provisions of this final rule are not expected to impose new or substantial direct compliance costs on tribal governments since the provisions in this direct final rule are extending the use of an alternative to the HCl monitoring provisions, including an option which provides operational flexibility. Thus, Executive Order 13175 does not apply to this action. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 as applying to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ``covered regulatory action'' in section 2-202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not concern an environmental health risk or safety risk. H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211 because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act (NTTAA) This rulemaking does not involve technical standards. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA believes that this action does not have disproportionately high and adverse human health or environmental effects on minority populations, low-income populations, and/or indigenous peoples, as specified in Executive Order 12898 (59 FR 7629, February 16, 1994). This action does not affect the level of protection provided to human health or the environment. K. Congressional Review Act (CRA) This action is subject to the CRA, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 63 Environmental protection, Administrative practice and procedures, Air pollution control, Hazardous substances, Intergovernmental relations, Reporting and recordkeeping requirements. Dated: August 11, 2017. E. Scott Pruitt, Administrator. For the reasons stated in the preamble, the Environmental Protection Agency is amending title 40, chapter I, part 63 of the Code of Federal Regulations (CFR) as follows: PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES 0 1. The authority citation for part 63 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. [[Page 39673]] Subpart LLL--National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry 0 2. Section 63.1349 is amended by adding paragraph (b)(6)(v)(H) to read as follows: Sec. 63.1349 Performance testing requirements. * * * * * (b) * * * (6) * * * (v) * * * (H) Paragraph (b)(6)(v) of this section expires on July 25, 2017 at which time the owner or operator must demonstrate compliance with paragraphs (b)(6)(i), (ii), or (iii). * * * * * 0 3. Section 63.1350 is amended by revising paragraph (l)(4) introductory text to read as follows: Sec. 63.1350 Monitoring requirements. * * * * * (l) * * * (4) If you monitor continuous performance through the use of an HCl CPMS according to paragraphs (b)(6)(v)(A) through (H) of Sec. 63.1349, for any exceedance of the 30 kiln operating day HCl CPMS average value from the established operating limit, you must: * * * * * [FR Doc. 2017-17624 Filed 8-21-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Rules and Regulations 39671
operations and protect infrastructure 2006. The SIP submission included Particulate matter, Reporting and
and property without COTP permission. changes to existing minor source recordkeeping requirements.
(e) Enforcement. The Coast Guard permitting exemptions and a definition Dated: August 10, 2017.
vessels enforcing this section can be related to minor source permitting V. Anne Heard,
contacted on marine band radio VHF– exemptions. On June 29, 2017 (82 FR
Acting Regional Administrator, Region 4.
FM channel 16 (156.8 MHZ). The 29469), EPA also published an
cognizant COTP and his or her accompanying rulemaking proposing to ■ Accordingly, the amendments to 40
designated representatives can be approve the portions of the CFR 52.570(c) published on June 29,
contacted at telephone number listed in aforementioned SIP revision in the 2017 (82 FR 29418), which were to
paragraph (d)(2) of this section. event that EPA received adverse become effective August 28, 2017, are
Dated: August 2, 2017. comments on the direct final withdrawn.
Meredith L. Austin, rulemaking. [FR Doc. 2017–17617 Filed 8–21–17; 8:45 am]
Rear Admiral, U.S. Coast Guard, Commander, In the direct final rulemaking, EPA BILLING CODE 6560–50–P
Fifth Coast Guard District. explained that the Agency was
[FR Doc. 2017–17748 Filed 8–21–17; 8:45 am] publishing the rule without prior
proposal because the Agency viewed the ENVIRONMENTAL PROTECTION
BILLING CODE 9110–04–P
submittal as a non-controversial SIP AGENCY
amendment and anticipated no adverse
comments. Further, EPA explained that 40 CFR Part 63
ENVIRONMENTAL PROTECTION
the Agency was publishing a separate [EPA–HQ–OAR–2016–0442; FRL–9966–64–
AGENCY
document in the proposed rules section OAR]
40 CFR Part 52 of the Federal Register to serve as the RIN 2060–AT57
proposal to approve the SIP revision
[EPA–R04–OAR–2007–0113; FRL–9966–66– should an adverse comment be filed. National Emission Standards for
Region 4] EPA also noted that the rule would be Hazardous Air Pollutants From the
effective on August 28, 2017, without Portland Cement Manufacturing
Air Plan Approval; Georgia: Permit
further notice unless the Agency Industry: Alternative Monitoring
Exemptions and Definitions;
received adverse comment by July 31, Method
Withdrawal
2017. EPA explained that if the Agency
AGENCY: Environmental Protection received such comments, then EPA AGENCY: Environmental Protection
Agency (EPA). would publish a document withdrawing Agency (EPA).
ACTION: Direct final rule: withdrawal. the final rule and informing the public ACTION: Final rule.
that the rule would not take effect. It
SUMMARY: Due to adverse comments was also explained that all public SUMMARY: The U.S. Environmental
received, the Environmental Protection comments received would then be Protection Agency (EPA) published a
Agency (EPA) is withdrawing the June addressed in a subsequent final rule direct final rule in the Federal Register
29, 2017, direct final rule that would based on the proposed rule, and that on June 23, 2017 titled National
have approved a revision to the Georgia EPA would not institute a second Emission Standards for Hazardous Air
State Implementation Plan (SIP) comment period on this action. The Pollutants (NESHAP) From the Portland
concerning changes to existing minor public was advised that if no comments Cement Manufacturing Industry:
source permitting exemptions and a were received that the rule would be Alternative Monitoring Method. This
definition related to minor source effective on August 28, 2017, with no final rule removes the provisions that
permitting exemptions. EPA stated in further actions on the proposed rule. were added in the June 23, 2017, direct
the direct final rule that if EPA received On July 31, 2017, EPA received one final rule and restores the provisions
adverse comments by July 31, 2017, the set of adverse comments from a single that were deleted in that rule.
rule would be withdrawn and not take Commenter representing four individual DATES: Effective August 22, 2017.
effect. groups. As a result of the comments FOR FURTHER INFORMATION CONTACT: Mr.
DATES: The direct final rule published at received, EPA is withdrawing the direct Brian Storey, Sector Policies and
82 FR 29418 on June 29, 2017, is final rule approving changes to existing Programs Division (D243–04), Office of
withdrawn, effective August 22, 2017. minor source permitting exemptions Air Quality Planning and Standards,
FOR FURTHER INFORMATION CONTACT: D. and a definition related to minor source U.S. Environmental Protection Agency,
Brad Akers, Air Regulatory Management permitting exemptions into the Georgia Research Triangle Park, North Carolina
Section, Air Planning and SIP. If EPA determines that it is 27711; telephone number: (919) 541–
Implementation Branch, U.S. appropriate to finalize the proposed 1103; fax number: (919) 541–5450; and
Environmental Protection Agency approval of these changes to the Georgia email address: storey.brian@epa.gov.
Region 4, 61 Forsyth Street SW., SIP, EPA will publish a final rule which SUPPLEMENTARY INFORMATION:
Atlanta, Georgia 30303–8960. Phone will include a response to the comments
number: (404) 562–9089; Email: received. In the event that EPA I. Why is EPA taking this action?
akers.brad@epa.gov. determines that it is not appropriate to On June 23, 2017, the EPA published
SUPPLEMENTARY INFORMATION: On June finalize the proposed approval related to a direct final rule to amend the National
29, 2017 (82 FR 29418), EPA published these changes, EPA may issue a Emission Standards for Hazardous Air
sradovich on DSK3GMQ082PROD with RULES
a direct final rulemaking to approve subsequent proposal with a different Pollutants From the Portland Cement
portions of a SIP revision submitted by course of action. Manufacturing Industry (Portland
the State of Georgia, through the Georgia Cement NESHAP) to allow an
List of Subjects in 40 CFR Part 52
Department of Natural Resources’ alternative monitoring method to be
Environmental Protection Division (GA Environmental protection, Air used to comply with hydrogen chloride
EPD), on September 19, 2006, with a pollution control, Incorporation by (HCl) emissions standards (82 FR
clarification submitted on November 6, reference, Intergovernmental relations, 28562). We stated in that direct final
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Subpart LLL—National Emission DATES: Effective September 21, 2017. that should be considered allowable
Standards for Hazardous Air Pollutants The compliance date for 47 CFR costs for VRS compensation. Various
From the Portland Cement 64.621(b)(1) is December 20, 2017. The parties commenting in this proceeding
Manufacturing Industry incorporation by reference of certain nonetheless urge that the Commission
publication listed in the rules was re-open the matter of allowing costs
■ 2. Section 63.1349 is amended by approved by the Director of the Federal associated with customer premise
adding paragraph (b)(6)(v)(H) to read as Register as of May 30, 2017. equipment (CPE), numbering, outreach,
follows: FOR FURTHER INFORMATION CONTACT: Bob and research and development (R&D). In
Aldrich, Consumer and Governmental addition, Sorenson Communications,
§ 63.1349 Performance testing
Affairs Bureau at: (202) 418–0996, email LLC (Sorenson) raises new concerns
requirements.
Robert.Aldrich@fcc.gov, or Eliot about allowing compensation for
* * * * * imputed intellectual property. These
Greenwald, Consumer and
(b) * * * issues are beyond the scope of the
Governmental Affairs Bureau at: (202)
(6) * * * rulemaking. The Commission has
418–2235, email Eliot.Greenwald@
(v) * * * previously considered and disallowed
(H) Paragraph (b)(6)(v) of this section fcc.gov.
compensation for each of these
expires on July 25, 2017 at which time SUPPLEMENTARY INFORMATION: This is a
categories, except intellectual property,
the owner or operator must demonstrate summary of the Commission’s Report
which is addressed below.
compliance with paragraphs (b)(6)(i), and Order and Order, FCC 17–86, 2. No reason to reopen previously
(ii), or (iii). adopted and released on July 6, 2017, in settled disallowance issues. No party
* * * * * CG Docket Nos. 10–51 and 03–123. The provides a compelling reason to reopen
full text of this document will be the above issues in this proceeding,
■ 3. Section 63.1350 is amended by
available for public inspection and especially in the absence of
revising paragraph (l)(4) introductory
copying via the Commission’s Administrative Procedure Act (APA)
text to read as follows:
Electronic Comment Filing System notice. The Commission does not agree
§ 63.1350 Monitoring requirements. (ECFS), and during regular business that circumstances have changed
* * * * * hours at the FCC Reference Information dramatically and sees no material
(l) * * * Center, Portals II, 445 12th Street SW., difference from prior proceedings where
(4) If you monitor continuous Room CY–A257, Washington, DC 20554. these issues were addressed.
performance through the use of an HCl To request materials in accessible 3. Even if the issues were not already
CPMS according to paragraphs formats for people with disabilities settled and there was APA notice
(b)(6)(v)(A) through (H) of § 63.1349, for (Braille, large print, electronic files, regarding them, the Commission would
any exceedance of the 30 kiln operating audio format), send an email to fcc504@ not be persuaded by arguments to
day HCl CPMS average value from the fcc.gov or call the Consumer and expand allowable costs. Equalizing all
established operating limit, you must: Governmental Affairs Bureau at (202) VRS-related costs to a voice telephone
* * * * * 418–0530 (voice), (844) 432–2272 user’s costs is not part of the
[FR Doc. 2017–17624 Filed 8–21–17; 8:45 am] (videophone), or (202) 418–0432 (TTY). Commission’s mandate under section
BILLING CODE 6560–50–P Congressional Review Act 225 of the Act. Congressional intent to
equalize either network access rates or
The Commission sent a copy of equipment costs for TRS and voice
document FCC 17–86 to Congress and service users is not evident in the text
FEDERAL COMMUNICATIONS the Government Accountability Office
COMMISSION of this narrowly drawn provision, its
pursuant to the Congressional Review surrounding context, or its legislative
Act, see 5 U.S.C. 801(a)(1)(A). history. In 1990, the year of section
47 CFR Part 64
Final Paperwork Reduction Act of 1995 225’s enactment, all TRS calls took
[CG Docket Nos. 10–51 and 03–123; FCC place between individuals who used
17–86] Analysis
TTYs and voice users. But the high costs
Document FCC 17–86 does not
Structure and Practices of the Video of TTY service rates and equipment
contain any new or modified
Relay Services Program were matters of public awareness and
information collection requirements were being addressed through state and
AGENCY: Federal Communications subject to the Paperwork Reduction Act federal action outside the relay
Commission. of 1995, Pub. L. 104–13. In addition, requirements of section 225 of the Act.
therefore, it does not contain any new Regarding service costs, the plain text of
ACTION: Final rule.
or modified information collection this section demonstrates that it solely
SUMMARY: In this document, the burden for small business concerns with was intended to prevent relay users
Commission adopts a four-year rate plan fewer than 25 employees, pursuant to from incurring the added costs of
to compensate video relay service (VRS) the Small Business Paperwork Relief routing TRS calls through remote relay
providers, amends its rules to permit- Act of 2002, Pub. L. 107–198, see 44 centers that lie outside the geographical
server based routing for VRS and point- U.S.C. 3506(c)(4). locations of the parties to a relay call,
to-point calls, authorizes the continued Synopsis and nothing more. Congress had
use of money from the knowledge about, and ample
Telecommunications Relay Service VRS Compensation—Allowable Cost opportunity to direct the Commission to
sradovich on DSK3GMQ082PROD with RULES
(TRS) Fund for Commission-supervised Categories equalize telephone service costs for TTY
research and development, eliminates 1. In the Further Notice of Proposed users at the time of section 225’s
rules providing for a neutral video Rulemaking (FNPRM), FCC 17–26, enactment, yet it specifically chose not
communications service platform, and published at 82 FR 17613, April 12, to do so. Accordingly, the discrepancy
reinstates the effectiveness of the rule 2017, the Commission stated its between the higher service costs for a
incorporating the VRS Interoperability intention not to reopen questions broadband connection needed to
Profile technical standard. concerning the categories of expenses achieve access to VRS and the costs of
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Document Created: 2018-10-24 11:55:28
Document Modified: 2018-10-24 11:55:28
| 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 | Effective August 22, 2017. | |
| Contact | Mr. Brian Storey, Sector Policies and Programs Division (D243-04), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541-1103; fax | |
| FR Citation | 82 FR 39671 | |
| RIN Number | 2060-AT57 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedures; Air Pollution Control; Hazardous Substances; Intergovernmental Relations and Reporting and Recordkeeping Requirements |
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