Revisions to Procedure 2-Quality Assurance Requirements for Particulate Matter Continuous Emission Monitoring Systems at Stationary Sources, 37822-37824 [2017-17123]
Download as PDF
37822
Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Rules and Regulations
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: July 24, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New
England.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart H—Connecticut
2. Section 52.377 is amended by
adding paragraph (r) to read as follows:
■
§ 52.377
Control strategy: Ozone.
*
*
*
*
*
(r) Approval. Submittal from the
Connecticut Department of Energy and
Environmental Protection dated March
9, 2017, to address the nonattainment
new source review requirements for the
2008 8-hour ozone NAAQS for the
Greater Connecticut and the New YorkN. New Jersey-Long Island, NY–NJ–CT
ozone nonattainment areas, as it meets
the requirements for both the State’s
marginal and moderate classifications.
[FR Doc. 2017–17021 Filed 8–11–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 60
[EPA–HQ–OAR–2016–0382; FRL–9966–25–
OAR]
sradovich on DSK3GMQ082PROD with RULES
RIN 2060–AT15
Revisions to Procedure 2—Quality
Assurance Requirements for
Particulate Matter Continuous
Emission Monitoring Systems at
Stationary Sources
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
VerDate Sep<11>2014
15:51 Aug 11, 2017
Jkt 241001
The Environmental Protection
Agency (EPA) is finalizing revisions to
Procedure 2 that were proposed in the
Federal Register on November 21, 2016.
Procedure 2 includes quality assurance/
quality control (QA/QC) procedures for
particulate matter (PM) continuous
emission monitoring systems (CEMS)
used for compliance determination at
stationary sources. The QA procedures
specify the minimum requirements
necessary for the control and assessment
of the quality of PM CEMS data
submitted to the EPA and other
regulatory authorities. This action
establishes consistent requirements for
ensuring and assessing the quality of
PM data measured by CEMS that meet
initial acceptance requirements in
Performance Specification (PS) 11 of
appendix B to part 60.
DATES: This final rule is effective on
September 13, 2017.
ADDRESSES: Docket: The EPA has
established a docket for this rulemaking
under Docket ID No. EPA–HQ–OAR–
2016–0382. All documents in the docket
are listed at https://
www.regulations.gov. Although listed in
the index, some information is not
publicly available, e.g., Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through
www.regulations.gov or in hard copy at
the EPA Docket Center, Room 3334,
EPA WJC West Building, 1301
Constitution Avenue NW., Washington,
DC 20004. The Public Reading Room is
open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the EPA
Docket Center is (202) 566–1742.
FOR FURTHER INFORMATION CONTACT: Ms.
Kimberly Garnett, Office of Air Quality
Planning and Standards, Air Quality
Assessment Division, Measurement
Technology Group (Mail Code: E143–
02), U.S. Environmental Protection
Agency, Research Triangle Park, NC
27709; telephone number: (919) 541–
1158; fax number: (919) 541–0516;
email address: garnett.kim@epa.gov.
SUPPLEMENTARY INFORMATION:
The information in this document is
organized as follows:
SUMMARY:
I. General Information
A. Does this action apply to me?
B. Where can I get a copy of this document
and other related information?
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
C. Judicial Review
II. Background
III. Final Revisions to Procedure 2
IV. Summary of Major Comments and
Responses
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act
(UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act (NTTAA)
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
K. Congressional Review Act (CRA)
I. General Information
A. Does this action apply to me?
The entities potentially affected by
this rule include any facility that is
required to install and operate a PM
CEMS under any provision of title 40 of
the Code of Federal Regulations. If you
have any questions regarding the
applicability of this action to a
particular entity, consult the person
listed in the FOR FURTHER INFORMATION
CONTACT section of this document.
B. Where can I get a copy of this
document and other related
information?
In addition to being available in the
docket, an electronic copy of this action
is available on the Internet through the
EPA’s Technology Transfer Network
(TTN) Web site, a forum for information
and technology exchange in various
areas of air quality management,
measurement standards and
implementation, etc. Following
publication in the Federal Register, the
EPA will post the Federal Register
version of the promulgation and key
technical documents on the TTN at
https://www.epa.gov/ttn/emc/
promulgated.html.
C. Judicial Review
Under section 307(b)(1) of the Clean
Air Act (CAA), judicial review of this
final rule is available only by filing a
petition for review in the U.S. Court of
Appeals for the District of Columbia
Circuit by October 13, 2017. Under
E:\FR\FM\14AUR1.SGM
14AUR1
Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Rules and Regulations
sradovich on DSK3GMQ082PROD with RULES
section 307(d)(7)(B) of the CAA, only an
objection to this final rule that was
raised with reasonable specificity
during the period for public comment
can be raised during judicial review.
Moreover, under section 307(b)(2) of the
CAA, the requirements established by
this final rule may not be challenged
separately in any civil or criminal
proceedings brought by the EPA to
enforce these requirements. Section
307(d)(7)(B) of the CAA further provides
that ‘‘[o]nly an objection to a rule or
procedure which was raised with
reasonable specificity during the period
for public comment (including any
public hearing) may be raised during
judicial review.’’ This section also
provides a mechanism for the EPA to
convene a proceeding for
reconsideration, ‘‘[i]f the person raising
an objection can demonstrate to the EPA
that it was impracticable to raise such
objection within [the period for public
comment] or if the grounds for such
objection arose after the period for
public comment (but within the time
specified for judicial review) and if such
objection is of central relevance to the
outcome of the rule.’’ Any person
seeking to make such a demonstration to
us should submit a Petition for
Reconsideration to the Office of the
Administrator, U.S. EPA, Room 3000,
William Jefferson Clinton Building,
1200 Pennsylvania Avenue NW.,
Washington, DC 20460, with a copy to
both the person(s) listed in the
preceding FOR FURTHER INFORMATION
CONTACT section, and the Associate
General Counsel for the Air and
Radiation Law Office, Office of General
Counsel (Mail Code 2344A), U.S. EPA,
1200 Pennsylvania Avenue NW.,
Washington, DC 20460. Filing a petition
for reconsideration by the Administrator
of this final action does not affect the
finality of this action for the purposes of
judicial review, nor does it extend the
time within which a petition for judicial
review must be filed, and shall not
postpone the effectiveness of this action.
II. Background
On January 12, 2004, the EPA
promulgated Procedure 2—Quality
Assurance Requirements for Particulate
Matter Continuous Emission Monitoring
Systems at Stationary Sources (69 FR
1786). Procedure 2, sections 10.4 (5) and
(6), contain a requirement for
conducting the annual Relative
Correlation Audit (RCA) or Relative
Response Audit (RRA) QA/QC test
procedures, in which a specified
amount of the required number of PM
CEMS response values, or data points,
must lie within the PM CEMS response
range used to develop the PM CEMS
VerDate Sep<11>2014
15:51 Aug 11, 2017
Jkt 241001
correlation curve. In other words, when
conducting the annual QA/QC tests, the
PM CEMS response values should not
be higher or lower than the values used
to develop the correlation curve for that
PM CEMS. Recently, as PM emission
limits have been reduced and facilities
have installed more robust PM emission
control devices, a number of facilities
have found that their PM emissions are
lower than their PM CEMS correlation
curve and, as a result, the facilities are
now unable to meet the criteria needed
to pass the annual Procedure 2 QA/QC
tests. The EPA proposed to modify this
language in Procedure 2 through a direct
final rule (81 FR 83160; November 21,
2016) and a parallel proposed rule (81
FR 83189; November 21, 2016). In the
direct final rule, the EPA stated that if
the agency received any significant and
relevant adverse comments to the direct
final rule, it would withdraw the direct
final rule and address all public
comments in a subsequent final rule
based on the proposed rule. The EPA
stated it would not institute a second
comment period on the proposed rule
(81 FR 83161, November 21, 2016). The
EPA received one significant and
relevant adverse comment and,
therefore, published a withdrawal of the
direct final rule (81 FR 10711; February
15, 2017). With this action, the EPA is
responding to the adverse comment and
finalizing revisions to Procedure 2.
III. Final Revisions to Procedure 2
This action finalizes the changes to
Procedure 2 that were proposed on
November 21, 2016 (81 FR 83189), and
responds to the adverse comment
received in response to that proposal by
addressing conflicting language in
sections 10.4(5) and 10.4(6).
IV. Summary of Major Comments and
Responses
A commenter stated that the revisions
to Procedure 2, as proposed by the EPA
on November 21, 2016, do not achieve
the intended result. As the commenter
points out, sections 10.4(5) and 10.4(6)
still contain language which requires
that a portion of the data points from the
RRA and RCA ‘‘must lie within the PM
CEMS output range used to develop
your correlation curve.’’ The commenter
suggested that language in sections
10.4(5)(ii) and 10.4(6)(ii) be removed.
The EPA agrees with the commenter
and removed the language in sections
10.4(5)(ii) and 10.4(6)(ii). In addition,
the language allowing the extension of
the correlation curve to accommodate
points that are lower than the original
curve has been moved to make it clear
that it is needed only when determining
if the RRA and RCA meet the ± 25
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
37823
percent criteria originally contained in
sections 10.4(5)(iii) and 10.4(6)(iii).
V. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a significant
regulatory action and was, therefore, not
submitted to the Office of Management
and Budget (OMB) for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an
information collection burden under the
PRA. This action provides performance
criteria and QA/QC test procedures for
assessing the acceptability of PM CEMS
performance and data quality. These
criteria and QA/QC test procedures do
not add information collection
requirements beyond those currently
required under the applicable
regulation.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. This action will not
impose any requirements on small
entities. There are no small entities in
the regulated industry for which
Procedure 2 applies.
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. This action imposes no
enforceable duty on any state, local or
tribal governments or the private sector.
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications, as specified in Executive
Order 13175. Procedure 2 is applicable
to facility owners and operators who are
responsible for one or more PM CEMS
used for monitoring emissions. Thus,
Executive Order 13175 does not apply
to this action.
E:\FR\FM\14AUR1.SGM
14AUR1
37824
Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Rules and Regulations
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
required for the RCA and described in
paragraph (5)(ii) of this section.
Dated: August 7, 2017.
E. Scott Pruitt,
Administrator.
*
*
*
*
*
[FR Doc. 2017–17123 Filed 8–11–17; 8:45 am]
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.
For the reasons stated in the
preamble, title 40, chapter I of the Code
of Federal Regulations is amended as
follows:
BILLING CODE 6560–50–P
PART 60—STANDARDS OF
PERFORMANCE FOR NEW
STATIONARY SOURCES
National Oceanic and Atmospheric
Administration
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
■
2. In Appendix F, Procedure 2, in
section 10.4, paragraphs (5) and (6) are
revised to read as follows:
Western and Central Pacific Fisheries
for Highly Migratory Species; 2017
Bigeye Tuna Longline Fishery Closure
Appendix F to Part 60—Quality
Assurance Procedures
AGENCY:
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)
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
The EPA believes that this action will
not have disproportionately high and
adverse human health or environmental
effects on minority or low-income
populations because it does not affect
the level of protection provided to
human health or the environment. This
action will help to ensure that emission
control devices are operated properly
and maintained as needed, thereby
helping to ensure compliance with
emission standards, which would
benefit all affected populations.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and
the EPA will submit a rule report to
each House of the Congress and to the
Comptroller General of the United
States. This action is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
sradovich on DSK3GMQ082PROD with RULES
List of Subjects in 40 CFR Part 60
Environmental protection,
Administrative practice and procedure,
Air pollution control, Continuous
emission monitoring systems,
Particulate matter, Performance
specifications, Test methods and
procedures.
VerDate Sep<11>2014
15:51 Aug 11, 2017
Jkt 241001
50 CFR Part 300
1. The authority citation for part 60
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
*
*
*
*
*
Procedure 2—Quality Assurance
Requirements for Particulate Matter
Continuous Emission Monitoring Systems at
Stationary Sources
*
This rulemaking does not involve
technical standards.
DEPARTMENT OF COMMERCE
*
*
*
*
10.4 * * *
(5) What are the criteria for passing a RCA?
To pass a RCA, you must meet the criteria
specified in paragraphs (5)(i) and (ii) of this
section. If your PM CEMS fails to meet these
RCA criteria, it is out of control.
(i) For all 12 data points, the PM CEMS
response value can be no greater than the
greatest PM CEMS response value used to
develop your correlation curve.
(ii) At least 75 percent of a minimum
number of 12 sets of PM CEMS and reference
method measurements must fall within a
specified area on a graph of the correlation
regression line. The specified area on the
graph of the correlation regression line is
defined by two lines parallel to the
correlation regression line, offset at a
distance of ±25 percent of the numerical
emission limit value from the correlation
regression line. If any of the PM CEMS
response values resulting from your RCA are
lower than the lowest PM CEMS response
value of your existing correlation curve, you
may extend your correlation regression line
to the point corresponding to the lowest PM
CEMS response value obtained during the
RCA. This extended correlation regression
line must then be used to determine if the
RCA data meets this criterion.
(6) What are the criteria to pass a RRA? To
pass a RRA, you must meet the criteria
specified in paragraphs (6)(i) and (ii) of this
section. If your PM CEMS fails to meet these
RRA criteria, it is out of control.
(i) For all three data points, the PM CEMS
response value can be no greater than the
greatest PM CEMS response value used to
develop your correlation curve.
(ii) At least two of the three sets of PM
CEMS and reference method measurements
must fall within the same specified area on
a graph of the correlation regression line as
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
[Docket No. 170329334–7665–01]
RIN 0648–XF578
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; fishery closure.
NMFS is closing the U.S.
pelagic longline fishery for bigeye tuna
in the western and central Pacific Ocean
because the fishery has reached the
2017 catch limit. This action is
necessary to ensure compliance with
NMFS regulations that implement
decisions of the Western and Central
Pacific Fisheries Commission (WCPFC).
DATES: Effective 12:01 a.m. local time
September 1, 2017, 2017, through
December 31, 2017.
ADDRESSES: NMFS prepared a plain
language guide and frequently asked
questions that explain how to comply
with this rule; both are available at
https://www.regulations.gov/
docket?D=NOAA-NMFS-2017-0092.
FOR FURTHER INFORMATION CONTACT:
Jarad Makaiau, NMFS Pacific Islands
Region, 808–725–5176.
SUPPLEMENTARY INFORMATION: Pelagic
longline fishing in the western and
central Pacific Ocean is managed, in
part, under the Western and Central
Pacific Fisheries Convention
Implementation Act (Act). Regulations
governing fishing by U.S. vessels in
accordance with the Act appear at 50
CFR part 300, subpart O.
NMFS established a calendar year
2017 limit of 3,138 metric tons (mt) of
bigeye tuna (Thunnus obesus) that may
be caught and retained in the U.S.
pelagic longline fishery in the area of
application of the Convention on the
Conservation and Management of
Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean
(Convention Area) (82 FR 36341, August
4, 2017). NMFS monitored the retained
SUMMARY:
E:\FR\FM\14AUR1.SGM
14AUR1
Agencies
[Federal Register Volume 82, Number 155 (Monday, August 14, 2017)]
[Rules and Regulations]
[Pages 37822-37824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17123]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[EPA-HQ-OAR-2016-0382; FRL-9966-25-OAR]
RIN 2060-AT15
Revisions to Procedure 2--Quality Assurance Requirements for
Particulate Matter Continuous Emission Monitoring Systems at Stationary
Sources
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing
revisions to Procedure 2 that were proposed in the Federal Register on
November 21, 2016. Procedure 2 includes quality assurance/quality
control (QA/QC) procedures for particulate matter (PM) continuous
emission monitoring systems (CEMS) used for compliance determination at
stationary sources. The QA procedures specify the minimum requirements
necessary for the control and assessment of the quality of PM CEMS data
submitted to the EPA and other regulatory authorities. This action
establishes consistent requirements for ensuring and assessing the
quality of PM data measured by CEMS that meet initial acceptance
requirements in Performance Specification (PS) 11 of appendix B to part
60.
DATES: This final rule is effective on September 13, 2017.
ADDRESSES: Docket: The EPA has established a docket for this rulemaking
under Docket ID No. EPA-HQ-OAR-2016-0382. All documents in the docket
are listed at https://www.regulations.gov. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the EPA Docket Center, Room 3334, EPA WJC West Building, 1301
Constitution Avenue NW., Washington, DC 20004. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the Public Reading Room is
(202) 566-1744, and the telephone number for the EPA Docket Center is
(202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Ms. Kimberly Garnett, Office of Air
Quality Planning and Standards, Air Quality Assessment Division,
Measurement Technology Group (Mail Code: E143-02), U.S. Environmental
Protection Agency, Research Triangle Park, NC 27709; telephone number:
(919) 541-1158; fax number: (919) 541-0516; email address:
garnett.kim@epa.gov.
SUPPLEMENTARY INFORMATION:
The information in this document is organized as follows:
I. General Information
A. Does this action apply to me?
B. Where can I get a copy of this document and other related
information?
C. Judicial Review
II. Background
III. Final Revisions to Procedure 2
IV. Summary of Major Comments and Responses
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act (UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act (NTTAA)
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act (CRA)
I. General Information
A. Does this action apply to me?
The entities potentially affected by this rule include any facility
that is required to install and operate a PM CEMS under any provision
of title 40 of the Code of Federal Regulations. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed in the FOR FURTHER INFORMATION
CONTACT section of this document.
B. Where can I get a copy of this document and other related
information?
In addition to being available in the docket, an electronic copy of
this action is available on the Internet through the EPA's Technology
Transfer Network (TTN) Web site, a forum for information and technology
exchange in various areas of air quality management, measurement
standards and implementation, etc. Following publication in the Federal
Register, the EPA will post the Federal Register version of the
promulgation and key technical documents on the TTN at https://www.epa.gov/ttn/emc/promulgated.html.
C. Judicial Review
Under section 307(b)(1) of the Clean Air Act (CAA), judicial review
of this final rule is available only by filing a petition for review in
the U.S. Court of Appeals for the District of Columbia Circuit by
October 13, 2017. Under
[[Page 37823]]
section 307(d)(7)(B) of the CAA, only an objection to this final rule
that was raised with reasonable specificity during the period for
public comment can be raised during judicial review. Moreover, under
section 307(b)(2) of the CAA, the requirements established by this
final rule may not be challenged separately in any civil or criminal
proceedings brought by the EPA to enforce these requirements. Section
307(d)(7)(B) of the CAA further provides that ``[o]nly an objection to
a rule or procedure which was raised with reasonable specificity during
the period for public comment (including any public hearing) may be
raised during judicial review.'' This section also provides a mechanism
for the EPA to convene a proceeding for reconsideration, ``[i]f the
person raising an objection can demonstrate to the EPA that it was
impracticable to raise such objection within [the period for public
comment] or if the grounds for such objection arose after the period
for public comment (but within the time specified for judicial review)
and if such objection is of central relevance to the outcome of the
rule.'' Any person seeking to make such a demonstration to us should
submit a Petition for Reconsideration to the Office of the
Administrator, U.S. EPA, Room 3000, William Jefferson Clinton Building,
1200 Pennsylvania Avenue NW., Washington, DC 20460, with a copy to both
the person(s) listed in the preceding FOR FURTHER INFORMATION CONTACT
section, and the Associate General Counsel for the Air and Radiation
Law Office, Office of General Counsel (Mail Code 2344A), U.S. EPA, 1200
Pennsylvania Avenue NW., Washington, DC 20460. Filing a petition for
reconsideration by the Administrator of this final action does not
affect the finality of this action for the purposes of judicial review,
nor does it extend the time within which a petition for judicial review
must be filed, and shall not postpone the effectiveness of this action.
II. Background
On January 12, 2004, the EPA promulgated Procedure 2--Quality
Assurance Requirements for Particulate Matter Continuous Emission
Monitoring Systems at Stationary Sources (69 FR 1786). Procedure 2,
sections 10.4 (5) and (6), contain a requirement for conducting the
annual Relative Correlation Audit (RCA) or Relative Response Audit
(RRA) QA/QC test procedures, in which a specified amount of the
required number of PM CEMS response values, or data points, must lie
within the PM CEMS response range used to develop the PM CEMS
correlation curve. In other words, when conducting the annual QA/QC
tests, the PM CEMS response values should not be higher or lower than
the values used to develop the correlation curve for that PM CEMS.
Recently, as PM emission limits have been reduced and facilities have
installed more robust PM emission control devices, a number of
facilities have found that their PM emissions are lower than their PM
CEMS correlation curve and, as a result, the facilities are now unable
to meet the criteria needed to pass the annual Procedure 2 QA/QC tests.
The EPA proposed to modify this language in Procedure 2 through a
direct final rule (81 FR 83160; November 21, 2016) and a parallel
proposed rule (81 FR 83189; November 21, 2016). In the direct final
rule, the EPA stated that if the agency received any significant and
relevant adverse comments to the direct final rule, it would withdraw
the direct final rule and address all public comments in a subsequent
final rule based on the proposed rule. The EPA stated it would not
institute a second comment period on the proposed rule (81 FR 83161,
November 21, 2016). The EPA received one significant and relevant
adverse comment and, therefore, published a withdrawal of the direct
final rule (81 FR 10711; February 15, 2017). With this action, the EPA
is responding to the adverse comment and finalizing revisions to
Procedure 2.
III. Final Revisions to Procedure 2
This action finalizes the changes to Procedure 2 that were proposed
on November 21, 2016 (81 FR 83189), and responds to the adverse comment
received in response to that proposal by addressing conflicting
language in sections 10.4(5) and 10.4(6).
IV. Summary of Major Comments and Responses
A commenter stated that the revisions to Procedure 2, as proposed
by the EPA on November 21, 2016, do not achieve the intended result. As
the commenter points out, sections 10.4(5) and 10.4(6) still contain
language which requires that a portion of the data points from the RRA
and RCA ``must lie within the PM CEMS output range used to develop your
correlation curve.'' The commenter suggested that language in sections
10.4(5)(ii) and 10.4(6)(ii) be removed. The EPA agrees with the
commenter and removed the language in sections 10.4(5)(ii) and
10.4(6)(ii). In addition, the language allowing the extension of the
correlation curve to accommodate points that are lower than the
original curve has been moved to make it clear that it is needed only
when determining if the RRA and RCA meet the 25 percent
criteria originally contained in sections 10.4(5)(iii) and
10.4(6)(iii).
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was,
therefore, not submitted to the Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA. This action provides performance criteria and QA/QC test
procedures for assessing the acceptability of PM CEMS performance and
data quality. These criteria and QA/QC test procedures do not add
information collection requirements beyond those currently required
under the applicable regulation.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. There are no
small entities in the regulated industry for which Procedure 2 applies.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action imposes no enforceable duty on any
state, local or tribal governments or the private sector.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175. Procedure 2 is applicable to facility owners and
operators who are responsible for one or more PM CEMS used for
monitoring emissions. Thus, Executive Order 13175 does not apply to
this action.
[[Page 37824]]
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA believes that this action will not have disproportionately
high and adverse human health or environmental effects on minority or
low-income populations because it does not affect the level of
protection provided to human health or the environment. This action
will help to ensure that emission control devices are operated properly
and maintained as needed, thereby helping to ensure compliance with
emission standards, which would benefit all affected populations.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
List of Subjects in 40 CFR Part 60
Environmental protection, Administrative practice and procedure,
Air pollution control, Continuous emission monitoring systems,
Particulate matter, Performance specifications, Test methods and
procedures.
Dated: August 7, 2017.
E. Scott Pruitt,
Administrator.
For the reasons stated in the preamble, title 40, chapter I of the
Code of Federal Regulations is amended as follows:
PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES
0
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Appendix F, Procedure 2, in section 10.4, paragraphs (5) and (6)
are revised to read as follows:
Appendix F to Part 60--Quality Assurance Procedures
* * * * *
Procedure 2--Quality Assurance Requirements for Particulate Matter
Continuous Emission Monitoring Systems at Stationary Sources
* * * * *
10.4 * * *
(5) What are the criteria for passing a RCA? To pass a RCA, you
must meet the criteria specified in paragraphs (5)(i) and (ii) of
this section. If your PM CEMS fails to meet these RCA criteria, it
is out of control.
(i) For all 12 data points, the PM CEMS response value can be no
greater than the greatest PM CEMS response value used to develop
your correlation curve.
(ii) At least 75 percent of a minimum number of 12 sets of PM
CEMS and reference method measurements must fall within a specified
area on a graph of the correlation regression line. The specified
area on the graph of the correlation regression line is defined by
two lines parallel to the correlation regression line, offset at a
distance of 25 percent of the numerical emission limit
value from the correlation regression line. If any of the PM CEMS
response values resulting from your RCA are lower than the lowest PM
CEMS response value of your existing correlation curve, you may
extend your correlation regression line to the point corresponding
to the lowest PM CEMS response value obtained during the RCA. This
extended correlation regression line must then be used to determine
if the RCA data meets this criterion.
(6) What are the criteria to pass a RRA? To pass a RRA, you must
meet the criteria specified in paragraphs (6)(i) and (ii) of this
section. If your PM CEMS fails to meet these RRA criteria, it is out
of control.
(i) For all three data points, the PM CEMS response value can be
no greater than the greatest PM CEMS response value used to develop
your correlation curve.
(ii) At least two of the three sets of PM CEMS and reference
method measurements must fall within the same specified area on a
graph of the correlation regression line as required for the RCA and
described in paragraph (5)(ii) of this section.
* * * * *
[FR Doc. 2017-17123 Filed 8-11-17; 8:45 am]
BILLING CODE 6560-50-P