82 FR 44106 - Technical Amendments to Procedure 6
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 182 (September 21, 2017)
Federal Register Volume 82, Issue 182 (September 21, 2017)
| Page Range | 44106-44108 | |
| FR Document | 2017-20172 |
[Federal Register Volume 82, Number 182 (Thursday, September 21, 2017)] [Rules and Regulations] [Pages 44106-44108] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-20172] [[Page 44106]] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 60 [EPA-HQ-OAR-2013-0696; FRL-9968-02-OAR] RIN 2060-AS86 Technical Amendments to Procedure 6 AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is finalizing minor technical amendments to Procedure 6 that were proposed in the Federal Register on May 19, 2016. Procedure 6 includes quality assurance (QA) procedures for hydrogen chloride (HCl) 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 CEMS data submitted to the EPA. This action establishes consistent requirements for ensuring and assessing the quality of HCl data measured by CEMS that meet initial acceptance requirements in Performance Specification (PS) 18 of appendix B to part 60. DATES: This final rule is effective on October 23, 2017. ADDRESSES: The EPA has established a docket for this rulemaking under Docket ID No. EPA-HQ-OAR-2013-0696. 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: Mr. Raymond Merrill, 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) 541-5225; fax number: (919) 541-0516; email address: [email protected]. SUPPLEMENTARY INFORMATION: The information in this preamble 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 6 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 major entities that would potentially be affected by Procedure 6 for gaseous HCl CEMS are those entities that are required to install a new HCl CEMS, relocate an existing HCl CEMS, or replace an existing HCl CEMS under any applicable subpart of 40 CFR parts 60, 61, or 63 that were initially accepted following requirements in PS 18 of appendix B in part 60. Table 1 of this preamble lists the current federal rules by subpart and the corresponding source categories to which Procedure 6 potentially would apply. Table 1--Source Categories That Would Potentially Be Subject to Procedure 6 ------------------------------------------------------------------------ Subpart(s) Source category ------------------------------------------------------------------------ 40 CFR Part 63 ------------------------------------------------------------------------ Subpart LLL............................... Portland Cement Manufacturing Industry. Subpart UUUUU............................. Coal- and Oil-fired. Electric Utility Steam Generating Units. ------------------------------------------------------------------------ The requirements of Procedure 6 may also apply to stationary sources located in a state, district, reservation, or territory that adopts Procedure 6 in its implementation plan. Table 2 lists the corresponding North American Industry Classification (NAICS) codes for the source categories listed in Table 1 of this preamble. Table 2--NAICS for Potentially Regulated Entities ------------------------------------------------------------------------ NAICS Industry codes ------------------------------------------------------------------------ Fossil Fuel-Fired Electric Utility Steam Generating Units.... 221112 \a\ 921150 Portland Cement Manufacturing Plants......................... 327310 ------------------------------------------------------------------------ \a\ Industry in Indian Country. Tables 1 and 2 are not intended to be exhaustive, but rather they provide a guide for readers regarding entities potentially affected by this action. If you have any questions regarding the potential applicability of Procedure 6 to a particular entity, consult the person listed in the FOR FURTHER INFORMATION CONTACT section. 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 [[Page 44107]] petition for review in the U.S. Court of Appeals for the District of Columbia Circuit by November 20, 2017. Under 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 us 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. II. Background On July 7, 2015, the EPA published Procedure 6, which is a companion to PS 18. Procedure 6 specifies the minimum QA requirements necessary for control and assessment of the quality of CEMS data submitted to the EPA used for HCl emissions compliance determination at stationary sources (80 FR 38628). Performance Specification 18 and Procedure 6 are applicable to the evaluation of HCl continuous monitoring instruments for Portland cement facilities, electric generating units and industrial, commercial, and institutional boilers and process heaters. After publication of Procedure 6, certain minor inconsistencies with treatment of data above span and how to calculate the error of CEMS accuracy using dynamic spiking were identified. The EPA proposed to correct the minor inconsistencies in PS 18 and Procedure 6 through a direct final action titled, ``Technical Amendments to Performance Specification 18 and Procedure 6.'' 81 FR 31515 (May 19, 2016). One substantive comment was received regarding changes to Procedure 6. The EPA finalized PS 18 and withdrew Procedure 6 (81 FR 52348). With this action, the EPA is responding to that comment and finalizing corrections to Procedure 6. III. Final Revisions to Procedure 6 This action finalizes changes to Procedure 6 that were proposed on May 19, 2016 (81 FR 31577), and responds to the substantive comment received in response to that proposal by: (1) Clarifying that the QA for data above span is subject to the specific requirements in applicable rules or permits, which supersede the general requirements in Procedure 6 (section 4.1.5); (2) Clarifying the time that triggers conducting an above span CEMS response check (section 4.1.5.1); (3) Correcting the incomplete reference to equations used to calculate dynamic spiking error (section 5.2.4.2). IV. Summary of Major Comments and Responses A commenter stated that one of the revisions to Procedure 6, as proposed by EPA on May 19, 2016, appeared to significantly change the applicability of certain QA requirements, contending that to do so would be inconsistent with the EPA's justification for the QA procedure originally promulgated in the 2015 final rule (80 FR 38628; July 7, 2015). The EPA agrees with the commenter that the obligation to follow the procedure for treatment of data above span should remain as originally promulgated: As existing only where required by an applicable regulation. The EPA's intent was not to enlarge the applicability of Procedure 6 for treatment of data above span, but simply to make clear that (to the extent this procedure even applies) it is furthermore superseded if alternate terms are specified in another applicable rule or permit. Thus, for example, where an applicable rule or permit accommodates a concentration level between 50 and 150 percent of the highest hourly concentration, during the period of measurements above span, that would be an acceptable implementation of Procedure 6, notwithstanding the default specification of section 4.1.5.1.1 that concentrations must be between 75 percent and 125 percent of the highest hourly concentration. The EPA has revised its proposed change to section 4.1.5 accordingly. It remains the case that the procedure under section 4.1.5 is not required unless separately mandated by an applicable regulation. The EPA also notes that with this amendment to section 4.1.5, the proposed amendment to section 4.1.5.3 (specifically noting that section 4.1.5.3 would not apply if ``otherwise specified in an applicable rule or permit'') is superfluous. The caveat previously proposed specifically for section 4.1.5.3 should apply to all of section 4.1.5. 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 test procedures for assessing the acceptability of HCl CEMS performance and data quality. These criteria and QA 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. This action provides facilities with an alternative to PS 15 and Fourier transform infrared spectroscopy for measuring HCl, which are currently required in several rules. 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 [[Page 44108]] 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 provides performance criteria and QA test procedures for assessing the acceptability of HCl CEMS performance and data quality. 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 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 is not subject to Executive Order 12898 (59 FR 7629, February 16, 1994) because it does not establish an environmental health or safety standard. This regulatory action is a technical correction to a previously promulgated regulatory action and does not have any impact on human health or the environment. Documentation for this decision is provided in the Summary of Major Comments and Responses section of this preamble. 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, Hydrogen chloride, Performance specifications, Test methods and procedures. Dated: September 13, 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. Amend appendix F to part 60 under ``Procedure 6'' by revising sections ``4.1.5'', ``4.1.5.1'' and ``5.2.4.2'' to read as follows: Appendix F to Part 60--Quality Assurance Procedures * * * * * Procedure 6. Quality Assurance Requirements for Gaseous Hydrogen Chloride (HCl) Continuous Emission Monitoring Systems Used for Compliance Determination at Stationary Sources * * * * * 4.1.5 Additional Quality Assurance for Data above Span. This procedure must be used when required by an applicable regulation and may be used when significant data above span are being collected. Furthermore, the terms of this procedure do not apply to the extent that alternate terms are otherwise specified in an applicable rule or permit. 4.1.5.1 Any time the average measured concentration of HCl exceeds 150 percent of the span value for two consecutive one-hour averages, conduct the following `above span' CEMS response check. * * * * * 5.2.4.2 Calculate results as described in section 6.4. To determine CEMS accuracy, you must calculate the dynamic spiking error (DSE) for each of the two upscale audit gases using Equation A5 in appendix A to PS-18 and Equation 6-3 in section 6.4 of Procedure 6 in appendix B to this part. * * * * * [FR Doc. 2017-20172 Filed 9-20-17; 8:45 am] BILLING CODE 6560-50-P
![44106 Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations
ENVIRONMENTAL PROTECTION 02), U.S. Environmental Protection TABLE 1—SOURCE CATEGORIES THAT
AGENCY Agency, Research Triangle Park, NC WOULD POTENTIALLY BE SUBJECT
27709; telephone number: (919) 541– TO PROCEDURE 6
40 CFR Part 60 5225; fax number: (919) 541–0516;
[EPA–HQ–OAR–2013–0696; FRL–9968–02– email address: merrill.raymond@ Subpart(s) Source category
OAR] epa.gov.
40 CFR Part 63
RIN 2060–AS86 SUPPLEMENTARY INFORMATION: The
information in this preamble is Subpart LLL ... Portland Cement Manufac-
Technical Amendments to Procedure 6 turing Industry.
organized as follows: Subpart Coal- and Oil-fired.
AGENCY: Environmental Protection I. General Information UUUUU.
Agency (EPA). A. Does this action apply to me? Electric Utility Steam Gener-
ACTION: Final rule. B. Where can I get a copy of this document ating Units.
and other related information?
SUMMARY: The Environmental Protection The requirements of Procedure 6 may
C. Judicial Review
Agency (EPA) is finalizing minor also apply to stationary sources located
II. Background
technical amendments to Procedure 6 in a state, district, reservation, or
III. Final Revisions to Procedure 6
that were proposed in the Federal IV. Summary of Major Comments and territory that adopts Procedure 6 in its
Register on May 19, 2016. Procedure 6 Responses implementation plan.
includes quality assurance (QA) V. Statutory and Executive Order Reviews Table 2 lists the corresponding North
procedures for hydrogen chloride (HCl) A. Executive Order 12866: Regulatory American Industry Classification
continuous emission monitoring Planning and Review and Executive (NAICS) codes for the source categories
systems (CEMS) used for compliance Order 13563: Improving Regulation and listed in Table 1 of this preamble.
determination at stationary sources. The Regulatory Review
QA procedures specify the minimum B. Paperwork Reduction Act (PRA) TABLE 2—NAICS FOR POTENTIALLY
requirements necessary for the control C. Regulatory Flexibility Act (RFA) REGULATED ENTITIES
and assessment of the quality of CEMS D. Unfunded Mandates Reform Act
data submitted to the EPA. This action (UMRA) Industry NAICS
establishes consistent requirements for codes
E. Executive Order 13132: Federalism
ensuring and assessing the quality of F. Executive Order 13175: Consultation Fossil Fuel-Fired Electric Utility
HCl data measured by CEMS that meet and Coordination With Indian Tribal Steam Generating Units ........... 221112
initial acceptance requirements in Governments a 921150
Performance Specification (PS) 18 of G. Executive Order 13045: Protection of Portland Cement Manufacturing
appendix B to part 60. Children From Environmental Health Plants ........................................ 327310
DATES: This final rule is effective on Risks and Safety Risks a Industry in Indian Country.
October 23, 2017. H. Executive Order 13211: Actions
ADDRESSES: The EPA has established a Concerning Regulations That Tables 1 and 2 are not intended to be
docket for this rulemaking under Docket Significantly Affect Energy Supply, exhaustive, but rather they provide a
ID No. EPA–HQ–OAR–2013–0696. All Distribution, or Use guide for readers regarding entities
I. National Technology Transfer and potentially affected by this action. If you
documents in the docket are listed at
Advancement Act (NTTAA) have any questions regarding the
https://www.regulations.gov. Although
J. Executive Order 12898: Federal Actions potential applicability of Procedure 6 to
listed in the index, some information is
To Address Environmental Justice in a particular entity, consult the person
not publicly available, e.g., Confidential
Minority Populations and Low-Income listed in the FOR FURTHER INFORMATION
Business Information (CBI) or other
Populations CONTACT section.
information whose disclosure is
restricted by statute. Certain other K. Congressional Review Act (CRA) B. Where can I get a copy of this
material, such as copyrighted material, I. General Information document and other related
is not placed on the Internet and will be information?
publicly available only in hard copy A. Does this action apply to me?
In addition to being available in the
form. Publicly available docket docket, an electronic copy of this action
The major entities that would
materials are available either is available on the Internet through the
potentially be affected by Procedure 6
electronically through EPA’s Technology Transfer Network
www.regulations.gov or in hard copy at for gaseous HCl CEMS are those entities
that are required to install a new HCl (TTN) Web site, a forum for information
the EPA Docket Center, Room 3334, and technology exchange in various
EPA WJC West Building, 1301 CEMS, relocate an existing HCl CEMS,
areas of air quality management,
Constitution Avenue NW., Washington, or replace an existing HCl CEMS under
measurement standards and
DC 20004. The Public Reading Room is any applicable subpart of 40 CFR parts
implementation, etc. Following
open from 8:30 a.m. to 4:30 p.m., 60, 61, or 63 that were initially accepted
publication in the Federal Register, the
Monday through Friday, excluding legal following requirements in PS 18 of EPA will post the Federal Register
holidays. The telephone number for the appendix B in part 60. Table 1 of this version of the promulgation and key
asabaliauskas on DSKBBXCHB2PROD with RULES
Public Reading Room is (202) 566–1744, preamble lists the current federal rules technical documents on the TTN at
and the telephone number for the EPA by subpart and the corresponding http://www.epa.gov/ttn/emc/
Docket Center is (202) 566–1742. source categories to which Procedure 6 promulgated.html.
FOR FURTHER INFORMATION CONTACT: Mr. potentially would apply.
Raymond Merrill, Office of Air Quality C. Judicial Review
Planning and Standards, Air Quality Under section 307(b)(1) of the Clean
Assessment Division, Measurement Air Act (CAA), judicial review of this
Technology Group (Mail Code: E143– final rule is available only by filing a
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![Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations 44107
petition for review in the U.S. Court of EPA proposed to correct the minor hourly concentration. The EPA has
Appeals for the District of Columbia inconsistencies in PS 18 and Procedure revised its proposed change to section
Circuit by November 20, 2017. Under 6 through a direct final action titled, 4.1.5 accordingly. It remains the case
section 307(d)(7)(B) of the CAA, only an ‘‘Technical Amendments to that the procedure under section 4.1.5 is
objection to this final rule that was Performance Specification 18 and not required unless separately mandated
raised with reasonable specificity Procedure 6.’’ 81 FR 31515 (May 19, by an applicable regulation. The EPA
during the period for public comment 2016). One substantive comment was also notes that with this amendment to
can be raised during judicial review. received regarding changes to Procedure section 4.1.5, the proposed amendment
Moreover, under section 307(b)(2) of the 6. The EPA finalized PS 18 and to section 4.1.5.3 (specifically noting
CAA, the requirements established by withdrew Procedure 6 (81 FR 52348). that section 4.1.5.3 would not apply if
this final rule may not be challenged With this action, the EPA is responding ‘‘otherwise specified in an applicable
separately in any civil or criminal to that comment and finalizing rule or permit’’) is superfluous. The
proceedings brought by the EPA to corrections to Procedure 6. caveat previously proposed specifically
enforce these requirements. Section for section 4.1.5.3 should apply to all of
III. Final Revisions to Procedure 6
307(d)(7)(B) of the CAA further provides section 4.1.5.
that ‘‘[o]nly an objection to a rule or This action finalizes changes to
procedure which was raised with Procedure 6 that were proposed on May V. Statutory and Executive Order
reasonable specificity during the period 19, 2016 (81 FR 31577), and responds to Reviews
for public comment (including any the substantive comment received in A. Executive Order 12866: Regulatory
public hearing) may be raised during response to that proposal by: Planning and Review and Executive
judicial review.’’ This section also (1) Clarifying that the QA for data Order 13563: Improving Regulation and
provides a mechanism for us to convene above span is subject to the specific Regulatory Review
a proceeding for reconsideration, ‘‘[i]f requirements in applicable rules or
the person raising an objection can permits, which supersede the general This action is not a significant
demonstrate to the EPA that it was requirements in Procedure 6 (section regulatory action and was, therefore, not
impracticable to raise such objection 4.1.5); submitted to the Office of Management
within [the period for public comment] (2) Clarifying the time that triggers and Budget (OMB) for review.
or if the grounds for such objection conducting an above span CEMS
B. Paperwork Reduction Act (PRA)
arose after the period for public response check (section 4.1.5.1);
comment (but within the time specified (3) Correcting the incomplete This action does not impose an
for judicial review) and if such objection reference to equations used to calculate information collection burden under the
is of central relevance to the outcome of dynamic spiking error (section 5.2.4.2). PRA. This action provides performance
the rule.’’ Any person seeking to make criteria and QA test procedures for
IV. Summary of Major Comments and
such a demonstration to us should assessing the acceptability of HCl CEMS
Responses
submit a Petition for Reconsideration to performance and data quality. These
A commenter stated that one of the criteria and QA test procedures do not
the Office of the Administrator, U.S.
EPA, Room 3000, William Jefferson revisions to Procedure 6, as proposed by add information collection requirements
Clinton Building, 1200 Pennsylvania EPA on May 19, 2016, appeared to beyond those currently required under
Avenue NW., Washington, DC 20460, significantly change the applicability of the applicable regulation.
with a copy to both the person(s) listed certain QA requirements, contending
that to do so would be inconsistent with C. Regulatory Flexibility Act (RFA)
in the preceding FOR FURTHER
INFORMATION CONTACT section, and the
the EPA’s justification for the QA I certify that this action will not have
Associate General Counsel for the Air procedure originally promulgated in the a significant economic impact on a
and Radiation Law Office, Office of 2015 final rule (80 FR 38628; July 7, substantial number of small entities
General Counsel (Mail Code 2344A), 2015). The EPA agrees with the under the RFA. This action will not
U.S. EPA, 1200 Pennsylvania Avenue commenter that the obligation to follow impose any requirements on small
NW., Washington, DC 20460. the procedure for treatment of data entities. This action provides facilities
above span should remain as originally with an alternative to PS 15 and Fourier
II. Background promulgated: As existing only where transform infrared spectroscopy for
On July 7, 2015, the EPA published required by an applicable regulation. measuring HCl, which are currently
Procedure 6, which is a companion to The EPA’s intent was not to enlarge the required in several rules.
PS 18. Procedure 6 specifies the applicability of Procedure 6 for
treatment of data above span, but simply D. Unfunded Mandates Reform Act
minimum QA requirements necessary
to make clear that (to the extent this (UMRA)
for control and assessment of the quality
of CEMS data submitted to the EPA procedure even applies) it is This action does not contain any
used for HCl emissions compliance furthermore superseded if alternate unfunded mandate as described in
determination at stationary sources (80 terms are specified in another UMRA, 2 U.S.C. 1531–1538, and does
FR 38628). Performance Specification applicable rule or permit. Thus, for not significantly or uniquely affect small
18 and Procedure 6 are applicable to the example, where an applicable rule or governments. This action imposes no
evaluation of HCl continuous permit accommodates a concentration enforceable duty on any state, local or
monitoring instruments for Portland level between 50 and 150 percent of the tribal governments or the private sector.
asabaliauskas on DSKBBXCHB2PROD with RULES
cement facilities, electric generating highest hourly concentration, during the
period of measurements above span, E. Executive Order 13132: Federalism
units and industrial, commercial, and
institutional boilers and process heaters. that would be an acceptable This action does not have federalism
After publication of Procedure 6, certain implementation of Procedure 6, implications. It will not have substantial
minor inconsistencies with treatment of notwithstanding the default direct effects on the states, on the
data above span and how to calculate specification of section 4.1.5.1.1 that relationship between the national
the error of CEMS accuracy using concentrations must be between 75 government and the states, or on the
dynamic spiking were identified. The percent and 125 percent of the highest distribution of power and
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![44108 Federal Register / Vol. 82, No. 182 / Thursday, September 21, 2017 / Rules and Regulations
responsibilities among the various States. This action is not a ‘‘major rule’’ DEPARTMENT OF HOMELAND
levels of government. as defined by 5 U.S.C. 804(2). SECURITY
F. Executive Order 13175: Consultation List of Subjects in 40 CFR Part 60 Coast Guard
and Coordination With Indian Tribal
Governments Environmental protection,
46 CFR Parts 2 and 8
Administrative practice and procedure,
This action does not have tribal Air pollution control, Continuous [Docket No. USCG–2016–0880]
implications as specified in Executive emission monitoring systems, Hydrogen
Order 13175. This action provides RIN 1625–AC35
chloride, Performance specifications,
performance criteria and QA test
Test methods and procedures. Adding the Polar Ship Certificate to the
procedures for assessing the
Dated: September 13, 2017. List of SOLAS Certificates and
acceptability of HCl CEMS performance
Certificates Issued by Recognized
and data quality. Thus, Executive Order E. Scott Pruitt,
Classification Societies
13175 does not apply to this action. Administrator.
G. Executive Order 13045: Protection of AGENCY: Coast Guard, DHS.
For the reasons stated in the ACTION: Final rule.
Children From Environmental Health
preamble, title 40, chapter I of the Code
Risks and Safety Risks
of Federal Regulations is amended as SUMMARY: This final rule adds the Polar
The EPA interprets Executive Order follows: Ship Certificate to a list of certificates
13045 as applying only to those that certain U.S. and foreign-flag ships
regulatory actions that concern PART 60—STANDARDS OF will need to carry on board if they
environmental health or safety risks that PERFORMANCE FOR NEW engage in international voyages in polar
the EPA has reason to believe may STATIONARY SOURCES waters. This rule also enables the Coast
disproportionately affect children, per Guard to authorize recognized
the definition of ‘‘covered regulatory ■ 1. The authority citation for part 60 classification societies to issue the Polar
action’’ in section 2–202 of the continues to read as follows: Ship Certificate on the Coast Guard’s
Executive Order. This action is not behalf. We are taking this action because
Authority: 42 U.S.C. 7401 et seq.
subject to Executive Order 13045 the International Convention for Safety
because it does not concern an ■ 2. Amend appendix F to part 60 under of Life at Sea (SOLAS) has been
environmental health risk or safety risk. ‘‘Procedure 6’’ by revising sections amended to require certain ships
‘‘4.1.5’’, ‘‘4.1.5.1’’ and ‘‘5.2.4.2’’ to read operating in Arctic or Antarctic waters
H. Executive Order 13211: Actions to have a Polar Ship Certificate. This
Concerning Regulations That as follows:
rule will help ensure that U.S.-flagged
Significantly Affect Energy Supply, Appendix F to Part 60—Quality ships that need this certificate—
Distribution, or Use Assurance Procedures commercial cargo ships greater than 500
This action is not subject to Executive gross tonnage and passenger ships
* * * * *
Order 13211, because it is not a carrying more than 12 passengers, that
significant regulatory action under Procedure 6. Quality Assurance operate in polar waters as defined by
Executive Order 12866. Requirements for Gaseous Hydrogen SOLAS chapter XIV while engaged in
Chloride (HCl) Continuous Emission international voyages—will be able to
I. National Technology Transfer and Monitoring Systems Used for Compliance obtain it in a timely manner.
Advancement Act (NTTAA) Determination at Stationary Sources
DATES: This final rule is effective
This rulemaking does not involve * * * * * October 23, 2017.
technical standards. 4.1.5 Additional Quality Assurance for ADDRESSES: To view comments and
Data above Span. This procedure must be
J. Executive Order 12898: Federal material submitted in response to our
used when required by an applicable
Actions To Address Environmental proposed rule, as well as documents
regulation and may be used when significant
Justice in Minority Populations and mentioned in this final rule preamble as
data above span are being collected.
Low-Income Populations being available in the docket, go to
Furthermore, the terms of this procedure do
http://www.regulations.gov, type USCG–
The EPA believes that this action is not apply to the extent that alternate terms
2016–0880 in the ‘‘SEARCH’’ box and
not subject to Executive Order 12898 (59 are otherwise specified in an applicable rule
or permit.
click ‘‘SEARCH.’’ Then click on Open
FR 7629, February 16, 1994) because it Docket Folder on the line associated
does not establish an environmental 4.1.5.1 Any time the average measured
concentration of HCl exceeds 150 percent of
with this rule.
health or safety standard. This FOR FURTHER INFORMATION CONTACT: For
the span value for two consecutive one-hour
regulatory action is a technical information about this document call or
averages, conduct the following ‘above span’
correction to a previously promulgated email Lieutenant Chris Rabalais,
CEMS response check.
regulatory action and does not have any Systems Engineering Division (CG–
impact on human health or the * * * * *
5.2.4.2 Calculate results as described in
ENG–3), Coast Guard; telephone 202–
environment. Documentation for this 372–1485, email
decision is provided in the Summary of section 6.4. To determine CEMS accuracy,
Christopher.P.Rabalais@uscg.mil.
asabaliauskas on DSKBBXCHB2PROD with RULES
Major Comments and Responses section you must calculate the dynamic spiking error
(DSE) for each of the two upscale audit gases SUPPLEMENTARY INFORMATION:
of this preamble.
using Equation A5 in appendix A to PS–18 Table of Contents for Preamble
K. Congressional Review Act (CRA) and Equation 6–3 in section 6.4 of Procedure
6 in appendix B to this part. I. Abbreviations
This action is subject to the CRA, and II. Regulatory History
the EPA will submit a rule report to * * * * * III. Basis, Purpose, and Background
each House of the Congress and to the [FR Doc. 2017–20172 Filed 9–20–17; 8:45 am] IV. Discussion of Comments and Changes
Comptroller General of the United BILLING CODE 6560–50–P V. Regulatory Analyses
VerDate Sep<11>2014 16:39 Sep 20, 2017 Jkt 241001 PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 E:\FR\FM\21SER1.SGM 21SER1](https://thefederalregister.org/doc/82_FR_44288/page/3.svg)
Document Created: 2018-10-24 14:33:14
Document Modified: 2018-10-24 14:33:14
| 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 October 23, 2017. | |
| Contact | Mr. Raymond Merrill, 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 44106 | |
| RIN Number | 2060-AS86 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Air Pollution Control; Continuous Emission Monitoring Systems; Hydrogen Chloride; Performance Specifications and Test Methods and Procedures |
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