National Emission Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric Steam Generating Units, 68795-68799 [2014-27126]
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Federal Register / Vol. 79, No. 223 / Wednesday, November 19, 2014 / Rules and Regulations
18. Appendix A to subpart UUUUU is
amended by adding sections 7.1.2.5,
7.1.8.5, and 7.1.8.6, to read as follows:
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Appendix A to Subpart UUUUU of Part
63—Hg Monitoring Provisions
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7. Recordkeeping and Reporting
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7.1.2 Operating Parameter Records.
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7.1.2.5 If applicable, a flag to indicate
that the hour is a startup or shutdown
hour (as defined in § 63.10042).
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7.1.8 Hg Emission Rate Records.
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7.1.8.5 If applicable, a code to
indicate that the default electrical load
(as defined in § 63.10042) was used to
calculate the Hg emission rate.
7.1.8.6 If applicable, a code to
indicate that the diluent cap (as defined
in § 63.10042) was used to calculate the
Hg emission rate.
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■ 19. Appendix B to subpart UUUUU is
amended by revising section 9.3.1 and
adding sections 10.1.2.5, 10.1.7.5, and
10.1.7.6 to read as follows:
Appendix B to Subpart UUUUU of Part
63—-HCl and HF Monitoring Provisions
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9. Data Reduction and Calculations
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9.3.1 For heat input-based emission
rates, select an appropriate emission
rate equation from among Equations 19–
1 through 19–9 in EPA Method 19 in
Appendix A–7 to part 60 of this chapter,
to calculate the HCl or HF emission rate
in lb/MMBtu. Multiply the HCl
concentration value (ppm) by 9.43 ×
10¥8 to convert it to lb/scf, for use in
the applicable Method 19 equation. For
HF, the conversion constant from ppm
to lb/scf is 5.18 × 10¥8. The appropriate
diluent cap value from section 6.2.1.2 of
Appendix A to this subpart may be used
to calculate the HCl or HF emission rate
(lb/MMBtu) during startup or shutdown
hours.
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10. Recordkeeping Requirements
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10.1.2 Operating Parameter Records.
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10.1.2.5 If applicable, a flag to
indicate that the hour is a startup or
shutdown hour (as defined in
§ 63.10042).
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10.1.7 HCl and HF Emission Rate
Records. * * *
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10.1.7.5 If applicable, a code to
indicate that the default electrical load
(as defined in § 63.10042) was used to
calculate the HCl or HF emission rate.
10.1.7.6 If applicable, a code to
indicate that the diluent cap (as defined
in § 63.10042) was used to calculate the
HCl or HF emission rate.
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[FR Doc. 2014–27125 Filed 11–18–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–HQ–OAR–2009–0234; FRL–9919–21–
OAR]
RIN 2060–AS39
National Emission Standards for
Hazardous Air Pollutants: Coal- and
Oil-Fired Electric Steam Generating
Units
Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to amend the National Emission
Standards for Hazardous Air Pollutants:
Coal- and Oil-Fired Electric Steam
Generating Units (Mercury and Air
Toxics Standards (MATS)). This direct
final rule amends the reporting
requirements in the MATS rule by
temporarily requiring affected sources to
submit all required emissions and
compliance reports to the EPA through
the Emissions Collection and
Monitoring Plan System (ECMPS) Client
Tool and temporarily suspending the
requirement for affected sources to
submit certain reports using the
Electronic Reporting Tool and the
Compliance and Emissions Data
Reporting Interface (CEDRI).
DATES: This rule is effective on January
5, 2015 without further notice, unless
the EPA receives adverse comment by
December 19, 2014. If the EPA receives
adverse comment, we will publish a
timely withdrawal in the Federal
Register informing the public that some
or all of the amendments in the final
rule will not take effect.
ADDRESSES: Comments. Submit your
comments, identified by Docket ID
Number EPA–HQ–OAR–2009–0234, by
one of the following methods:
SUMMARY:
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68795
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• Email: a-and-r-docket@epa.gov.
Attention Docket ID Number EPA–HQ–
OAR–2009–0234.
• Fax: (202) 566–9744. Attention
Docket ID Number EPA–HQ–OAR–
2009–0234.
• Mail: U.S. Postal Service, send
comments to: U.S. Environmental
Protection Agency, EPA Docket Center,
Mail Code: 28221T, Attention Docket ID
Number EPA–HQ–OAR–2009–0234,
1200 Pennsylvania Ave. NW.,
Washington, DC 20460.
• Hand Delivery: U.S. Environmental
Protection Agency, EPA Docket Center,
Room 3334, EPA WJC West Building,
1301 Constitution Ave. NW.,
Washington, DC 20004. Attention
Docket ID Number EPA–HQ–OAR–
2009–0234. Such deliveries are only
accepted during the Docket’s normal
hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions. Direct your comments to
Docket ID Number EPA–HQ–OAR–
2009–0234. The EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
https://www.regulations.gov, including
any personal information provided,
unless the comment includes
information claimed to be confidential
business information (CBI) or other
information whose disclosure is
restricted by statute. Do not submit
information that you consider to be CBI
or otherwise protected through https://
www.regulations.gov or email. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means the EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to the EPA without
going through https://
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, the EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If the EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, the EPA may not
be able to consider your comment.
Electronic files should not include
special characters or any form of
encryption and be free of any defects or
viruses. For additional information
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Federal Register / Vol. 79, No. 223 / Wednesday, November 19, 2014 / Rules and Regulations
about the EPA’s public docket, visit the
EPA Docket Center homepage at:
https://www.epa.gov/dockets.
We request that you also send a
separate copy of each comment to the
contact person listed below (see FOR
FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Mr.
Barrett Parker, Sector Policies and
Programs Division (D243–05), Office of
Air Quality Planning and Standards,
U.S. Environmental Protection Agency,
Research Triangle Park, NC 27711;
telephone number: (919) 541–5635; fax
number: (919) 541–3207; and email
address: parker.barrett@epa.gov.
SUPPLEMENTARY INFORMATION:
Organization of This Document. The
information in this preamble is
organized as follows:
I. Why is the EPA using a direct final rule?
II. Does this direct final rule apply to me?
III. What should I consider as I prepare my
comments for the EPA?
IV. What are the amendments made by this
direct final rule?
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
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
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
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
K. Congressional Review Act
I. Why is the EPA using a direct final
rule?
The EPA is publishing this direct final
rule without a prior proposed rule
because we view this as a
noncontroversial action and anticipate
no adverse comment. However, in the
‘‘Proposed Rules’’ section of this
Federal Register, we are publishing a
separate document that will serve as the
proposed rule to the National Emission
Standards for Hazardous Air Pollutants:
Coal- and Oil-Fired Electric Steam
Generating Units, if adverse comments
are received on this direct final rule. If
the EPA receives adverse comment on
NAICS Code 1
Category
Industry .....................................................
Federal government 2 ................................
State/local/tribal government 2 ..................
221112
221122
221122
921150
1 North
all or a distinct portion of this direct
final rule, we will publish a timely
withdrawal in the Federal Register
informing the public that some or all of
this direct final rule will not take effect.
Any rule provisions that are not
withdrawn will become effective on
January 5, 2015 notwithstanding
adverse comment on any other
provision, unless we determine that it
would not be appropriate to promulgate
those provisions because they are
affected by another provision (or
provisions) for which we receive
adverse comments. If we receive adverse
comments on this direct final rule,
resulting in withdrawal of the entire
rule or any part(s) of it, we will address
those comments when we finalize the
proposal we are also publishing in this
Federal Register. The EPA does not
plan to institute a second comment
period on this action. Any parties
interested in commenting must do so at
this time. For further information about
commenting on this rule, see the
ADDRESSES section of this document.
II. Does this direct final rule apply to
me?
Categories and entities potentially
regulated by this final rule include:
Examples of regulated entities
Fossil fuel-fired electric steam generating units.
Fossil fuel-fired electric steam generating units owned by the federal government.
Fossil fuel-fired electric steam generating units owned by states, tribes or municipalities.
Fossil fuel-fired electric utility steam generating units in Indian country.
American Industry Classification System.
state or local government-owned and operated establishments are classified according to the activity in which they are engaged.
2 Federal,
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
regulated by this direct final rule. To
determine whether your facility would
be regulated by this direct final rule,
you should examine the applicability
criteria in 40 CFR 63.9981. If you have
any questions regarding the
applicability of this action to a
particular entity, consult either the air
permitting authority for the entity or
your EPA regional representative as
listed in 40 CFR 63.13.
rljohnson on DSK3VPTVN1PROD with RULES
III. What should I consider as I prepare
my comments for the EPA?
Submitting CBI. Do not submit
information containing CBI to the EPA
through https://www.regulations.gov or
email. Clearly mark the part or all of the
information that you claim to be CBI.
For CBI information on a disk or CD–
ROM that you mail to the EPA, mark the
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outside of the disk or CD–ROM as CBI
and then identify electronically within
the disk or CD–ROM the specific
information that is claimed as CBI. In
addition to one complete version of the
comments that includes information
claimed as CBI, you must submit a copy
of the comments that does not contain
the information claimed as CBI for
inclusion in the public docket. If you
submit a CD–ROM or disk that does not
contain CBI, mark the outside of the
disk or CD–ROM clearly that it does not
contain CBI. Information not marked as
CBI will be included in the public
docket and the EPA’s electronic public
docket without prior notice. Information
marked as CBI will not be disclosed
except in accordance with procedures
set forth in 40 Code of Federal
Regulations (CFR) part 2. Send or
deliver information identified as CBI
only to the following address: Roberto
Morales, OAQPS Document Control
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Officer (C404–02), OAQPS, U.S.
Environmental Protection Agency,
Research Triangle Park, North Carolina
27711, and Attention Docket ID Number
EPA–HQ–OAR–2009–0234.
IV. What are the amendments made by
this direct final rule?
This direct final rule amends the
reporting requirements in 40 CFR
63.10031(f) of the MATS regulation.
Currently the rule requires affected
sources to submit certain MATS
emissions and compliance information
electronically, using either the CEDRI or
the ECMPS Client Tool. The EPA has
developed these two systems for the
electronic submittal of emissions data.
Historically, CEDRI has been used by
sources regulated under 40 CFR parts 60
and 63 to submit performance test
reports and other air emissions reports.
Historically, ECMPS has been used to
report emissions data under the EPA’s
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Acid Rain Program and other programs
that are required to continuously
monitor and report emissions according
to 40 CFR part 75. These two systems
have enhanced the way sources are
reporting emissions data to the EPA by
providing a streamlined and
standardized electronic approach.
Subsequent to publication of MATS,
stakeholders commented that the EPA
could improve the reporting efficiency
of the rule by requiring all data to be
reported to one system instead of two.
Stakeholders also commented that one
system could benefit the EPA and the
public in the review of data submitted
by setting one consistent format for all
data reported through MATS. Further,
because the vast majority of sources
covered under the MATS rule have been
using the ECMPS Client Tool since
2009, the stakeholders have encouraged
the EPA to seriously consider
consolidating the electronic reporting
under ECMPS.
The EPA agrees with the stakeholders
that taking an action to increase the
efficiency of reporting is not only a
plausible path forward, but also a
priority of the agency. As a result, the
EPA plans to start the process of
converting all electronic reporting in the
rule to be facilitated by the ECMPS
Client Tool with the first step of
conversion being this direct final
rulemaking. However, because the EPA
cannot create a detailed set of reporting
instructions and design, develop, betatest and implement the necessary
modifications to the ECMPS Client Tool
prior to April 16, 2015, the compliance
deadline for the MATS rule, the EPA is
implementing a phased approach to
completing the modifications to the
ECMPS Client Tool.
The first part of the phased approach
the EPA plans to take is this direct final
rulemaking. This direct final rule
requires sources to temporarily use the
ECMPS Client Tool to submit Portable
Document Format (PDF) versions of the
reports that the current MATS rule
requires to be submitted using CEDRI.
The specific reports that must be
submitted in PDF format include:
Quarterly and annual performance stack
test reports; 30 operating day Hg LEE
test reports; Relative Accuracy Test
Audits (RATA) reports for Sulfur
Dioxide (SO2), Hydrogen Chloride (HCl),
Hydrogen Fluoride (HF), and Mercury
(Hg) monitors; Relative Calibration
Audit (RCA) and Relative Response
Audit (RRA) reports for Particulate
Matter (PM) Continuous Emissions
Monitoring System (CEMS); 30
operating day rolling average reports for
PM CEMS, PM Continuous Parameter
Monitoring System (CPMS), and
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approved HAP metals CEMS; and
Semiannual compliance reports. Reports
for the performance stack tests, Hg Low
Emitting EGU (LEE) tests, RATAs,
RRAs, and RCAs typically include a
description of the source, the test
date(s), a list of attendees, a test
protocol, a summary of results, raw field
data, and example calculations, and,
depending on the method(s) used, may
also include the results of sample
analyses, quality-assurance information
(e.g., bias and drift checks), instrument
calibrations, and calibration gas
certificates. Additionally, the due dates
for all report submittals will continue to
be the same as in the original final
MATS rulemaking in the Federal
Register at 77 FR 9303, February 16,
2012.
The EPA realizes that submitting
electronic PDF reports is not as
desirable as reporting the data in
extensible markup language (XML)
format, because the information in a
PDF report cannot easily be extracted
and put in a database format. In view of
this, the EPA intends to promulgate an
additional data reporting revision to the
MATS rule in the second phase of this
approach. In the second phase the EPA
plans to develop another direct final
rulemaking that requires affected
sources to submit the data elements
required in the rule in a structured XML
format using the ECMPS Client Tool,
already in use. The second phase will
complete the process of conversion of
the electronic reporting of data using the
ECMPS Client Tool and the MATS rule
will be revised to specify all of the
required XML data elements for each
type of report. The EPA will also
develop a detailed set of reporting
instructions for each report and modify
ECMPS accordingly, in order to be able
to receive and process the data
submitted.
In the event the EPA is unable to
finalize the rulemaking for the second
phase of the electronic reporting
conversion by April 16, 2017, in
accordance with the revisions to the
reporting requirements contained in this
rulemaking, the reporting requirements
will automatically revert to the original
requirements set forth in the original
MATS rulemaking in the Federal
Register at 77 FR 9303, February 16,
2012. This is to ensure that the data
submitted in the future is consistent
with the database accessibility that is
associated with information reported in
structured XML formats even if the
second rulemaking cannot be finalized.
Accordingly, this rulemaking includes a
date of April 16, 2017, to complete the
second phase of the electronic reporting
conversion to the ECMPS Client Tool.
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Comments on this direct final rule are
to be limited to issues directly
associated with the electronic reporting
changes covered in 40 CFR 63.10031.
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’’ under the terms of
Executive Order 12866 (58 FR 51735,
October 4, 1993) and is therefore not
subject to review under Executive
Orders 12866 and 13563 (76 FR 3821,
January 21, 2011).
B. Paperwork Reduction Act
This action does not impose any new
information collection burden because it
does not change the information
collection requirements. However, the
Office of Management and Budget
(OMB) has previously approved the
information collection requirements
contained in the existing regulation (40
CFR part 63, subpart UUUUU) under the
provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501, et seq., and has
assigned OMB control number 2137.06.
The OMB control numbers for the EPA’s
regulations are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act
generally requires an agency to prepare
a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements under the
Administrative Procedure Act or any
other statute unless the agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities. Small entities
include small businesses, small
organizations and small governmental
jurisdictions.
For purposes of assessing the impact
of this final action on small entities,
small entity is defined as: (1) A small
business that is an electric utility
producing 4 billion kilowatt-hours or
less as defined by NAICS codes 221122
(fossil fuel-fired electric utility steam
generating units) and 921150 (fossil
fuel-fired electric utility steam
generating units in Indian country); (2)
a small governmental jurisdiction that is
a government of a city, county, town,
school district or special district with a
population of less than 50,000; and (3)
a small organization that is any not-forprofit enterprise which is independently
owned and operated and is not
dominant in its field.
After considering the economic
impacts of this final rule on small
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entities, I certify that this action will not
have a significant economic impact on
a substantial number of small entities.
In determining whether a rule has a
significant economic impact on a
substantial number of small entities, the
impact of concern is any significant
adverse economic impact on small
entities, since the primary purpose of
the regulatory flexibility analyses is to
identify and address regulatory
alternatives ‘‘which minimize any
significant economic impact of the rule
on small entities.’’ 5 U.S.C. 603 and 604.
Thus, an agency may certify that a rule
will not have a significant economic
impact on a substantial number of small
entities if the rule relieves regulatory
burden, or otherwise has a positive
economic effect on all of the small
entities subject to the rule.
This rule will not impose any
requirements on small entities, and no
small entities are expected to incur
annualized costs as a result of the
amendments. We have determined that
the amendments will not result in any
‘‘significant’’ adverse economic impact
for small entities. This amendment does
not create any new requirements or
burdens, and no costs are associated
with this amendment.
rljohnson on DSK3VPTVN1PROD with RULES
D. Unfunded Mandates Reform Act
This rule does not contain a federal
mandate that may result in expenditures
of $100 million or more for state, local
and tribal governments, in the aggregate,
or the private sector in any one year.
The costs of the final amendments
would not increase costs associated
with the final rule. Thus, this rule is not
subject to the requirements of sections
202 or 205 of the Unfunded Mandates
Reform Act (UMRA).
This rule is also not subject to the
requirements of section 203 of UMRA
because it contains no regulatory
requirements that might significantly or
uniquely affect small governments. The
final amendments contain no
requirements that apply to such
governments and impose no obligations
upon them.
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, as specified in
Executive Order 13132. This action does
not modify existing responsibilities or
create new responsibilities among the
EPA Regional offices, states or local
enforcement agencies. Thus, Executive
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Order 13132 does not apply to this
action.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications, as specified in Executive
Order 13175 (65 FR 67249, November 9,
2000). The final amendments impose no
requirements on tribal governments.
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 (62 FR 19885, April 23, 1997) as
applying to those regulatory actions that
concern health or safety risks, such that
the analysis required under section 5–
501 of the Executive Order has the
potential to influence the regulation.
This action is not subject to Executive
Order 13045 because it is based solely
on technology performance.
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211 (66 FR 28355, May 22,
2001), because it is not a significant
regulatory action under Executive Order
12866.
I. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104–
113, 12(d) (15 U.S.C. 272 note) directs
the EPA to use voluntary consensus
standards (VCS) in its regulatory
activities, unless to do so would be
inconsistent with applicable law or
otherwise impractical. VCS are
technical standards (e.g., materials
specifications, test methods, sampling
procedures and business practices) that
are developed or adopted by VCS
bodies. The NTTAA directs the EPA to
provide Congress, through OMB,
explanations when the agency decides
not to use available and applicable VCS.
This action does not involve technical
standards. Therefore, the EPA did not
consider the use of any VCS.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629,
February 16, 1994) establishes federal
executive policy on environmental
justice. Its main provision directs
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federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies and activities on minority
populations and low-income
populations in the United States.
The EPA has determined that this
direct final rule 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. The final amendments
are either clarifications or compliance
alternatives which will neither increase
or decrease environmental protection.
K. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801, et seq., as added by the
Small Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing the final rule
and other required information to the
United States Senate, the United States
House of Representatives and the
Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2). This direct
final rule will be effective on January 5,
2015.
List of Subjects in 40 CFR Part 63
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
relations, Reporting and recordkeeping
requirements.
Dated: November 7, 2014.
Gina McCarthy,
Administrator.
For the reasons stated in the
preamble, title 40, chapter I, of the Code
of Federal Regulations is amended as
follows:
PART 63—NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS FOR SOURCE
CATEGORIES
1. The authority citation for part 63
continues to read as follows:
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Authority: 42 U.S.C. 7401 et seq.
Subpart UUUUU—National Emission
Standards for Hazardous Air
Pollutants: Coal- and Oil-Fired Electric
Steam Generating Units
2. Section 63.10031 is amended by:
a. Revising the first sentence in each
of the following paragraphs: (f)
introductory text, (f)(1), (f)(2), and (f)(4);
■ b. Revising paragraph (f)(5); and
■ c. Adding paragraph (f)(6) to read as
follows.
■
■
§ 63.10031
when?
What reports must I submit and
rljohnson on DSK3VPTVN1PROD with RULES
*
*
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*
*
(f) On or after April 16, 2017, within
60 days after the date of completing
each performance test, you must submit
the results of the performance tests
required by this subpart to EPA’s
WebFIRE database by using the
Compliance and Emissions Data
Reporting Interface (CEDRI) that is
accessed through EPA’s Central Data
Exchange (CDX) (www.epa.gov/cdx).
* * *
(1) On or after April 16, 2017, within
60 days after the date of completing
each CEMS (SO2, PM, HCl, HF, and Hg)
performance evaluation test, as defined
in § 63.2 and required by this subpart,
you must submit the relative accuracy
test audit (RATA) data (or, for PM
CEMS, RCA and RRA data) required by
this subpart to EPA’s WebFIRE database
by using CEDRI that is accessed through
EPA’s CDX (www.epa.gov/cdx). * * *
(2) On or after April 16, 2017, for a
PM CEMS, PM CPMS, or approved
alternative monitoring using a HAP
metals CEMS, within 60 days after the
reporting periods ending on March 31st,
June 30th, September 30th, and
December 31st, you must submit
quarterly reports to EPA’s WebFIRE
database by using the CEDRI that is
accessed through EPA’s CDX
(www.epa.gov/cdx). * * *
*
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*
*
(4) On or after April 16, 2017, submit
the compliance reports required under
paragraphs (c) and (d) of this section
and the notification of compliance
status required under § 63.10030(e) to
EPA’s WebFIRE database by using the
CEDRI that is accessed through EPA’s
CDX (www.epa.gov/cdx). * * *
(5) All reports required by this
subpart not subject to the requirements
in paragraphs (f) introductory text and
(f)(1) through (4) of this section must be
sent to the Administrator at the
appropriate address listed in § 63.13. If
acceptable to both the Administrator
and the owner or operator of a source,
these reports may be submitted on
VerDate Sep<11>2014
14:12 Nov 18, 2014
Jkt 235001
electronic media. The Administrator
retains the right to require submittal of
reports subject to paragraphs (f)
introductory text and (f)(1) through (4)
of this section in paper format.
(6) Prior to April 16, 2017, all reports
subject to electronic submittal in
paragraphs (f) introductory text, (f)(1),
(f)(2), and (f)(4) of this section shall be
submitted to the EPA in electronic
portable document format (PDF) using
the ECMPS Client Tool. The following
data elements must be entered into the
ECMPS Client Tool at the time of
submission of the PDF file:
(i) The facility name, physical
address, mailing address (if different
from the physical address), and county;
(ii) The ORIS code (or equivalent ID
number assigned by EPA’s Clean Air
Markets Division (CAMD)) and the
Facility Registry System (FRS) ID;
(iii) The EGU (or EGUs) to which the
report applies. Report the EGU IDs as
they appear in the CAMD Business
System;
(iv) If any of the EGUs in paragraph
(f)(6)(iii) of this section share a common
stack, indicate which EGUs share the
stack. If emissions data are monitored
and reported at the common stack
according to part 75 of this chapter,
report the ID number of the common
stack as it is represented in the
electronic monitoring plan required
under § 75.53 of this chapter;
(v) If any of the EGUs described in
paragraph (f)(6)(iii) of this section are in
an averaging plan under § 63.10009,
indicate which EGUs are in the plan and
whether it is a 30- or 90-day averaging
plan;
(vi) The identification of each
emission point to which the report
applies. An ‘‘emission point’’ is a point
at which source effluent is released to
the atmosphere, and is either a
dedicated stack that serves one of the
EGUs identified in paragraph (f)(6)(iii)
of this section or a common stack that
serves two or more of those EGUs. To
identify an emission point, associate it
with the EGU or stack ID in the CAMD
Business system or the electronic
monitoring plan (e.g., ‘‘Unit 2 stack,’’
‘‘common stack CS001,’’ or ‘‘multiple
stack MS001’’);
(vii) The rule citation (e.g.,
§ 63.10031(f)(1), § 63.10031(f)(2), etc.)
for which the report is showing
compliance;
(viii) The pollutant(s) being addressed
in the report;
(ix) The reporting period being
covered by the report (if applicable);
(x) The relevant test method that was
performed for a performance test (if
applicable);
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
68799
(xi) The date the performance test was
conducted (if applicable); and
(xii) The responsible official’s name,
title, and phone number.
*
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[FR Doc. 2014–27126 Filed 11–18–14; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Office of the Secretary
43 CFR Part 2
[XXXD4523WT DWT000000.000000
DS65101000]
RIN 1090–AB07
Privacy Act Regulations; Exemption
for the Insider Threat Program
Department of the Interior.
Final rule.
AGENCY:
ACTION:
The Department of the
Interior is issuing a final rule to amend
its regulations to exempt certain records
in the Insider Threat Program from one
or more provisions of the Privacy Act
because of criminal, civil, and
administrative law enforcement
requirements.
SUMMARY:
This final rule is effective
December 19, 2014.
DATES:
Teri
Barnett, Department of the Interior
Privacy Act Officer, U.S. Department of
the Interior, 1849 C Street NW., Mail
Stop 5547 MIB, Washington, DC 20240.
Email at Privacy@ios.doi.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
The Department of the Interior (DOI)
published a notice of proposed
rulemaking in the Federal Register on
September 2, 2014, 79 FR 51926,
proposing to exempt certain records in
the Insider Threat Program system of
records in accordance with 5 U.S.C.
552a(j)(2) and (k)(2) of the Privacy Act
because of criminal, civil, and
administrative law enforcement
requirements. The Insider Threat
Program system of records notice was
published in the Federal Register on
September 2, 2014, 79 FR 52033.
Comments were invited on the Insider
Threat Program system of records notice
and the notice of proposed rulemaking.
DOI received no comments on the
notice of proposed rulemaking or
published system of records notice and
will therefore implement the
rulemaking as proposed.
E:\FR\FM\19NOR1.SGM
19NOR1
Agencies
[Federal Register Volume 79, Number 223 (Wednesday, November 19, 2014)]
[Rules and Regulations]
[Pages 68795-68799]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-27126]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2009-0234; FRL-9919-21-OAR]
RIN 2060-AS39
National Emission Standards for Hazardous Air Pollutants: Coal-
and Oil-Fired Electric Steam Generating Units
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to amend the National Emission Standards for Hazardous Air
Pollutants: Coal- and Oil-Fired Electric Steam Generating Units
(Mercury and Air Toxics Standards (MATS)). This direct final rule
amends the reporting requirements in the MATS rule by temporarily
requiring affected sources to submit all required emissions and
compliance reports to the EPA through the Emissions Collection and
Monitoring Plan System (ECMPS) Client Tool and temporarily suspending
the requirement for affected sources to submit certain reports using
the Electronic Reporting Tool and the Compliance and Emissions Data
Reporting Interface (CEDRI).
DATES: This rule is effective on January 5, 2015 without further
notice, unless the EPA receives adverse comment by December 19, 2014.
If the EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that some or
all of the amendments in the final rule will not take effect.
ADDRESSES: Comments. Submit your comments, identified by Docket ID
Number EPA-HQ-OAR-2009-0234, by one of the following methods:
https://www.regulations.gov: Follow the on-line
instructions for submitting comments.
Email: a-and-r-docket@epa.gov. Attention Docket ID Number
EPA-HQ-OAR-2009-0234.
Fax: (202) 566-9744. Attention Docket ID Number EPA-HQ-
OAR-2009-0234.
Mail: U.S. Postal Service, send comments to: U.S.
Environmental Protection Agency, EPA Docket Center, Mail Code: 28221T,
Attention Docket ID Number EPA-HQ-OAR-2009-0234, 1200 Pennsylvania Ave.
NW., Washington, DC 20460.
Hand Delivery: U.S. Environmental Protection Agency, EPA
Docket Center, Room 3334, EPA WJC West Building, 1301 Constitution Ave.
NW., Washington, DC 20004. Attention Docket ID Number EPA-HQ-OAR-2009-
0234. Such deliveries are only accepted during the Docket's normal
hours of operation, and special arrangements should be made for
deliveries of boxed information.
Instructions. Direct your comments to Docket ID Number EPA-HQ-OAR-
2009-0234. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be confidential business information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through https://www.regulations.gov or email. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which means the EPA will not know
your identity or contact information unless you provide it in the body
of your comment. If you send an email comment directly to the EPA
without going through https://www.regulations.gov, your email address
will be automatically captured and included as part of the comment that
is placed in the public docket and made available on the Internet. If
you submit an electronic comment, the EPA recommends that you include
your name and other contact information in the body of your comment and
with any disk or CD-ROM you submit. If the EPA cannot read your comment
due to technical difficulties and cannot contact you for clarification,
the EPA may not be able to consider your comment. Electronic files
should not include special characters or any form of encryption and be
free of any defects or viruses. For additional information
[[Page 68796]]
about the EPA's public docket, visit the EPA Docket Center homepage at:
https://www.epa.gov/dockets.
We request that you also send a separate copy of each comment to
the contact person listed below (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Mr. Barrett Parker, Sector Policies
and Programs Division (D243-05), Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, Research Triangle
Park, NC 27711; telephone number: (919) 541-5635; fax number: (919)
541-3207; and email address: parker.barrett@epa.gov.
SUPPLEMENTARY INFORMATION:
Organization of This Document. The information in this preamble is
organized as follows:
I. Why is the EPA using a direct final rule?
II. Does this direct final rule apply to me?
III. What should I consider as I prepare my comments for the EPA?
IV. What are the amendments made by this direct final rule?
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
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
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
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act
I. Why is the EPA using a direct final rule?
The EPA is publishing this direct final rule without a prior
proposed rule because we view this as a noncontroversial action and
anticipate no adverse comment. However, in the ``Proposed Rules''
section of this Federal Register, we are publishing a separate document
that will serve as the proposed rule to the National Emission Standards
for Hazardous Air Pollutants: Coal- and Oil-Fired Electric Steam
Generating Units, if adverse comments are received on this direct final
rule. If the EPA receives adverse comment on all or a distinct portion
of this direct final rule, we will publish a timely withdrawal in the
Federal Register informing the public that some or all of this direct
final rule will not take effect. Any rule provisions that are not
withdrawn will become effective on January 5, 2015 notwithstanding
adverse comment on any other provision, unless we determine that it
would not be appropriate to promulgate those provisions because they
are affected by another provision (or provisions) for which we receive
adverse comments. If we receive adverse comments on this direct final
rule, resulting in withdrawal of the entire rule or any part(s) of it,
we will address those comments when we finalize the proposal we are
also publishing in this Federal Register. The EPA does not plan to
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. For further
information about commenting on this rule, see the ADDRESSES section of
this document.
II. Does this direct final rule apply to me?
Categories and entities potentially regulated by this final rule
include:
------------------------------------------------------------------------
Examples of regulated
Category NAICS Code \1\ entities
------------------------------------------------------------------------
Industry....................... 221112 Fossil fuel-fired
electric steam
generating units.
Federal government \2\......... 221122 Fossil fuel-fired
electric steam
generating units owned
by the federal
government.
State/local/tribal government 221122 Fossil fuel-fired
\2\. electric steam
generating units owned
by states, tribes or
municipalities.
921150 Fossil fuel-fired
electric utility steam
generating units in
Indian country.
------------------------------------------------------------------------
\1\ North American Industry Classification System.
\2\ Federal, state or local government-owned and operated establishments
are classified according to the activity in which they are engaged.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
direct final rule. To determine whether your facility would be
regulated by this direct final rule, you should examine the
applicability criteria in 40 CFR 63.9981. If you have any questions
regarding the applicability of this action to a particular entity,
consult either the air permitting authority for the entity or your EPA
regional representative as listed in 40 CFR 63.13.
III. What should I consider as I prepare my comments for the EPA?
Submitting CBI. Do not submit information containing CBI to the EPA
through https://www.regulations.gov or email. Clearly mark the part or
all of the information that you claim to be CBI. For CBI information on
a disk or CD-ROM that you mail to the EPA, mark the outside of the disk
or CD-ROM as CBI and then identify electronically within the disk or
CD-ROM the specific information that is claimed as CBI. In addition to
one complete version of the comments that includes information claimed
as CBI, you must submit a copy of the comments that does not contain
the information claimed as CBI for inclusion in the public docket. If
you submit a CD-ROM or disk that does not contain CBI, mark the outside
of the disk or CD-ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and the EPA's
electronic public docket without prior notice. Information marked as
CBI will not be disclosed except in accordance with procedures set
forth in 40 Code of Federal Regulations (CFR) part 2. Send or deliver
information identified as CBI only to the following address: Roberto
Morales, OAQPS Document Control Officer (C404-02), OAQPS, U.S.
Environmental Protection Agency, Research Triangle Park, North Carolina
27711, and Attention Docket ID Number EPA-HQ-OAR-2009-0234.
IV. What are the amendments made by this direct final rule?
This direct final rule amends the reporting requirements in 40 CFR
63.10031(f) of the MATS regulation. Currently the rule requires
affected sources to submit certain MATS emissions and compliance
information electronically, using either the CEDRI or the ECMPS Client
Tool. The EPA has developed these two systems for the electronic
submittal of emissions data. Historically, CEDRI has been used by
sources regulated under 40 CFR parts 60 and 63 to submit performance
test reports and other air emissions reports. Historically, ECMPS has
been used to report emissions data under the EPA's
[[Page 68797]]
Acid Rain Program and other programs that are required to continuously
monitor and report emissions according to 40 CFR part 75. These two
systems have enhanced the way sources are reporting emissions data to
the EPA by providing a streamlined and standardized electronic
approach.
Subsequent to publication of MATS, stakeholders commented that the
EPA could improve the reporting efficiency of the rule by requiring all
data to be reported to one system instead of two. Stakeholders also
commented that one system could benefit the EPA and the public in the
review of data submitted by setting one consistent format for all data
reported through MATS. Further, because the vast majority of sources
covered under the MATS rule have been using the ECMPS Client Tool since
2009, the stakeholders have encouraged the EPA to seriously consider
consolidating the electronic reporting under ECMPS.
The EPA agrees with the stakeholders that taking an action to
increase the efficiency of reporting is not only a plausible path
forward, but also a priority of the agency. As a result, the EPA plans
to start the process of converting all electronic reporting in the rule
to be facilitated by the ECMPS Client Tool with the first step of
conversion being this direct final rulemaking. However, because the EPA
cannot create a detailed set of reporting instructions and design,
develop, beta-test and implement the necessary modifications to the
ECMPS Client Tool prior to April 16, 2015, the compliance deadline for
the MATS rule, the EPA is implementing a phased approach to completing
the modifications to the ECMPS Client Tool.
The first part of the phased approach the EPA plans to take is this
direct final rulemaking. This direct final rule requires sources to
temporarily use the ECMPS Client Tool to submit Portable Document
Format (PDF) versions of the reports that the current MATS rule
requires to be submitted using CEDRI. The specific reports that must be
submitted in PDF format include: Quarterly and annual performance stack
test reports; 30 operating day Hg LEE test reports; Relative Accuracy
Test Audits (RATA) reports for Sulfur Dioxide (SO2),
Hydrogen Chloride (HCl), Hydrogen Fluoride (HF), and Mercury (Hg)
monitors; Relative Calibration Audit (RCA) and Relative Response Audit
(RRA) reports for Particulate Matter (PM) Continuous Emissions
Monitoring System (CEMS); 30 operating day rolling average reports for
PM CEMS, PM Continuous Parameter Monitoring System (CPMS), and approved
HAP metals CEMS; and Semiannual compliance reports. Reports for the
performance stack tests, Hg Low Emitting EGU (LEE) tests, RATAs, RRAs,
and RCAs typically include a description of the source, the test
date(s), a list of attendees, a test protocol, a summary of results,
raw field data, and example calculations, and, depending on the
method(s) used, may also include the results of sample analyses,
quality-assurance information (e.g., bias and drift checks), instrument
calibrations, and calibration gas certificates. Additionally, the due
dates for all report submittals will continue to be the same as in the
original final MATS rulemaking in the Federal Register at 77 FR 9303,
February 16, 2012.
The EPA realizes that submitting electronic PDF reports is not as
desirable as reporting the data in extensible markup language (XML)
format, because the information in a PDF report cannot easily be
extracted and put in a database format. In view of this, the EPA
intends to promulgate an additional data reporting revision to the MATS
rule in the second phase of this approach. In the second phase the EPA
plans to develop another direct final rulemaking that requires affected
sources to submit the data elements required in the rule in a
structured XML format using the ECMPS Client Tool, already in use. The
second phase will complete the process of conversion of the electronic
reporting of data using the ECMPS Client Tool and the MATS rule will be
revised to specify all of the required XML data elements for each type
of report. The EPA will also develop a detailed set of reporting
instructions for each report and modify ECMPS accordingly, in order to
be able to receive and process the data submitted.
In the event the EPA is unable to finalize the rulemaking for the
second phase of the electronic reporting conversion by April 16, 2017,
in accordance with the revisions to the reporting requirements
contained in this rulemaking, the reporting requirements will
automatically revert to the original requirements set forth in the
original MATS rulemaking in the Federal Register at 77 FR 9303,
February 16, 2012. This is to ensure that the data submitted in the
future is consistent with the database accessibility that is associated
with information reported in structured XML formats even if the second
rulemaking cannot be finalized. Accordingly, this rulemaking includes a
date of April 16, 2017, to complete the second phase of the electronic
reporting conversion to the ECMPS Client Tool.
Comments on this direct final rule are to be limited to issues
directly associated with the electronic reporting changes covered in 40
CFR 63.10031.
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'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011).
B. Paperwork Reduction Act
This action does not impose any new information collection burden
because it does not change the information collection requirements.
However, the Office of Management and Budget (OMB) has previously
approved the information collection requirements contained in the
existing regulation (40 CFR part 63, subpart UUUUU) under the
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501, et seq., and
has assigned OMB control number 2137.06. The OMB control numbers for
the EPA's regulations are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute unless the agency certifies that the rule will
not have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations
and small governmental jurisdictions.
For purposes of assessing the impact of this final action on small
entities, small entity is defined as: (1) A small business that is an
electric utility producing 4 billion kilowatt-hours or less as defined
by NAICS codes 221122 (fossil fuel-fired electric utility steam
generating units) and 921150 (fossil fuel-fired electric utility steam
generating units in Indian country); (2) a small governmental
jurisdiction that is a government of a city, county, town, school
district or special district with a population of less than 50,000; and
(3) a small organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
After considering the economic impacts of this final rule on small
[[Page 68798]]
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. In
determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604.
Thus, an agency may certify that a rule will not have a significant
economic impact on a substantial number of small entities if the rule
relieves regulatory burden, or otherwise has a positive economic effect
on all of the small entities subject to the rule.
This rule will not impose any requirements on small entities, and
no small entities are expected to incur annualized costs as a result of
the amendments. We have determined that the amendments will not result
in any ``significant'' adverse economic impact for small entities. This
amendment does not create any new requirements or burdens, and no costs
are associated with this amendment.
D. Unfunded Mandates Reform Act
This rule does not contain a federal mandate that may result in
expenditures of $100 million or more for state, local and tribal
governments, in the aggregate, or the private sector in any one year.
The costs of the final amendments would not increase costs associated
with the final rule. Thus, this rule is not subject to the requirements
of sections 202 or 205 of the Unfunded Mandates Reform Act (UMRA).
This rule is also not subject to the requirements of section 203 of
UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. The final
amendments contain no requirements that apply to such governments and
impose no obligations upon them.
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, as
specified in Executive Order 13132. This action does not modify
existing responsibilities or create new responsibilities among the EPA
Regional offices, states or local enforcement agencies. Thus, Executive
Order 13132 does not apply to this action.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). The final
amendments impose no requirements on tribal governments. 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 (62 FR 19885, April 23,
1997) as applying to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because it is based
solely on technology performance.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001), because it is not a significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs the EPA to use voluntary consensus standards (VCS) in its
regulatory activities, unless to do so would be inconsistent with
applicable law or otherwise impractical. VCS are technical standards
(e.g., materials specifications, test methods, sampling procedures and
business practices) that are developed or adopted by VCS bodies. The
NTTAA directs the EPA to provide Congress, through OMB, explanations
when the agency decides not to use available and applicable VCS.
This action does not involve technical standards. Therefore, the
EPA did not consider the use of any VCS.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies and activities on minority populations and low-income
populations in the United States.
The EPA has determined that this direct final rule 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. The final amendments are either clarifications or
compliance alternatives which will neither increase or decrease
environmental protection.
K. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801, et seq., as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. The EPA will submit a report containing
the final rule and other required information to the United States
Senate, the United States House of Representatives and the Comptroller
General of the United States prior to publication of the rule in the
Federal Register. A major rule cannot take effect until 60 days after
it is published in the Federal Register. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2). This direct final rule will be
effective on January 5, 2015.
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: November 7, 2014.
Gina McCarthy,
Administrator.
For the reasons stated in the preamble, title 40, chapter I, of the
Code of Federal Regulations is amended as follows:
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES
0
1. The authority citation for part 63 continues to read as follows:
[[Page 68799]]
Authority: 42 U.S.C. 7401 et seq.
Subpart UUUUU--National Emission Standards for Hazardous Air
Pollutants: Coal- and Oil-Fired Electric Steam Generating Units
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2. Section 63.10031 is amended by:
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a. Revising the first sentence in each of the following paragraphs: (f)
introductory text, (f)(1), (f)(2), and (f)(4);
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b. Revising paragraph (f)(5); and
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c. Adding paragraph (f)(6) to read as follows.
Sec. 63.10031 What reports must I submit and when?
* * * * *
(f) On or after April 16, 2017, within 60 days after the date of
completing each performance test, you must submit the results of the
performance tests required by this subpart to EPA's WebFIRE database by
using the Compliance and Emissions Data Reporting Interface (CEDRI)
that is accessed through EPA's Central Data Exchange (CDX)
(www.epa.gov/cdx). * * *
(1) On or after April 16, 2017, within 60 days after the date of
completing each CEMS (SO2, PM, HCl, HF, and Hg) performance
evaluation test, as defined in Sec. 63.2 and required by this subpart,
you must submit the relative accuracy test audit (RATA) data (or, for
PM CEMS, RCA and RRA data) required by this subpart to EPA's WebFIRE
database by using CEDRI that is accessed through EPA's CDX
(www.epa.gov/cdx). * * *
(2) On or after April 16, 2017, for a PM CEMS, PM CPMS, or approved
alternative monitoring using a HAP metals CEMS, within 60 days after
the reporting periods ending on March 31st, June 30th, September 30th,
and December 31st, you must submit quarterly reports to EPA's WebFIRE
database by using the CEDRI that is accessed through EPA's CDX
(www.epa.gov/cdx). * * *
* * * * *
(4) On or after April 16, 2017, submit the compliance reports
required under paragraphs (c) and (d) of this section and the
notification of compliance status required under Sec. 63.10030(e) to
EPA's WebFIRE database by using the CEDRI that is accessed through
EPA's CDX (www.epa.gov/cdx). * * *
(5) All reports required by this subpart not subject to the
requirements in paragraphs (f) introductory text and (f)(1) through (4)
of this section must be sent to the Administrator at the appropriate
address listed in Sec. 63.13. If acceptable to both the Administrator
and the owner or operator of a source, these reports may be submitted
on electronic media. The Administrator retains the right to require
submittal of reports subject to paragraphs (f) introductory text and
(f)(1) through (4) of this section in paper format.
(6) Prior to April 16, 2017, all reports subject to electronic
submittal in paragraphs (f) introductory text, (f)(1), (f)(2), and
(f)(4) of this section shall be submitted to the EPA in electronic
portable document format (PDF) using the ECMPS Client Tool. The
following data elements must be entered into the ECMPS Client Tool at
the time of submission of the PDF file:
(i) The facility name, physical address, mailing address (if
different from the physical address), and county;
(ii) The ORIS code (or equivalent ID number assigned by EPA's Clean
Air Markets Division (CAMD)) and the Facility Registry System (FRS) ID;
(iii) The EGU (or EGUs) to which the report applies. Report the EGU
IDs as they appear in the CAMD Business System;
(iv) If any of the EGUs in paragraph (f)(6)(iii) of this section
share a common stack, indicate which EGUs share the stack. If emissions
data are monitored and reported at the common stack according to part
75 of this chapter, report the ID number of the common stack as it is
represented in the electronic monitoring plan required under Sec.
75.53 of this chapter;
(v) If any of the EGUs described in paragraph (f)(6)(iii) of this
section are in an averaging plan under Sec. 63.10009, indicate which
EGUs are in the plan and whether it is a 30- or 90-day averaging plan;
(vi) The identification of each emission point to which the report
applies. An ``emission point'' is a point at which source effluent is
released to the atmosphere, and is either a dedicated stack that serves
one of the EGUs identified in paragraph (f)(6)(iii) of this section or
a common stack that serves two or more of those EGUs. To identify an
emission point, associate it with the EGU or stack ID in the CAMD
Business system or the electronic monitoring plan (e.g., ``Unit 2
stack,'' ``common stack CS001,'' or ``multiple stack MS001'');
(vii) The rule citation (e.g., Sec. 63.10031(f)(1), Sec.
63.10031(f)(2), etc.) for which the report is showing compliance;
(viii) The pollutant(s) being addressed in the report;
(ix) The reporting period being covered by the report (if
applicable);
(x) The relevant test method that was performed for a performance
test (if applicable);
(xi) The date the performance test was conducted (if applicable);
and
(xii) The responsible official's name, title, and phone number.
* * * * *
[FR Doc. 2014-27126 Filed 11-18-14; 8:45 am]
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