National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry: Alternative Monitoring Method, 39712-39715 [2017-17626]
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39712
Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Proposed Rules
FOR FURTHER INFORMATION CONTACT:
Judith Kidwell, Center for Food Safety
and Applied Nutrition, Food and Drug
Administration, 5001 Campus Dr.,
College Park, MD 20740, 240–402–1071.
SUPPLEMENTARY INFORMATION: In the
Federal Register of July 26, 2017, in FR
Doc. 2017–15535, on page 34615, the
following correction is made:
On page 34615, in the second
paragraph under the SUPPLEMENTARY
INFORMATION: caption, in the second
column, the second paragraph is
corrected to read, ‘‘These proposed
changes would allow manufacturers of
fruit juices and fruit juice drinks that are
fortified with calcium to maintain the
absolute level of added calcium at 330
milligrams (mg) and 100 mg,
respectively, as established in our
regulations at § 172.380(c)(1) and (2).’’
Dated: August 17, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017–17704 Filed 8–21–17; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
33 CFR Part 328
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OW–2017–0203; FRL–9966–81–
OW]
RIN 2040–AF74
Definition of ‘‘Waters of the United
States’’—Recodification of Pre-Existing
Rules; Extension of Comment Period
Department of the Army, Corps
of Engineers, Department of Defense;
and Environmental Protection Agency
(EPA).
ACTION: Proposed rule; Extension of
comment period.
AGENCY:
The U.S. Environmental
Protection Agency (EPA) and the U.S.
Department of the Army are extending
the comment period for the proposed
rule ‘‘Definition of ‘Waters of the United
States’—Recodification of Pre-existing
Rules.’’ The agencies are extending the
comment period for 30 days in response
to stakeholder requests for an extension,
from August 28, 2017 to September 27,
2017.
DATES: The comment period for the
proposed rule published on July 27,
sradovich on DSK3GMQ082PROD with PROPOSALS
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Submit your comments,
identified by Docket ID No. EPA–HQ–
OW–2017–0203, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The agencies may publish any comment
received to the public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The agencies will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
ADDRESSES:
Ms.
Donna Downing, Office of Water (4504–
T), Environmental Protection Agency,
1200 Pennsylvania Avenue NW.,
Washington, DC 20460; telephone
number: (202) 566–2428; email address:
CWAwotus@epa.gov; or Ms. Stacey
Jensen, Regulatory Community of
Practice (CECW–CO–R), U.S. Army
Corps of Engineers, 441 G Street NW.,
Washington, DC 20314; telephone
number: (202) 761–5903; email address:
USACE_CWA_Rule@usace.army.mil.
FOR FURTHER INFORMATION CONTACT:
40 CFR Parts 110, 112 116, 117, 122,
230, 232, 300, 302, and 401
SUMMARY:
2017, at 82 FR 34899, is extended.
Comments must be received on or
before September 27, 2017.
On July
27, 2017 (82 FR 34899), the EPA and the
U.S. Department of the Army published
the proposed rule ‘‘Definition of ‘Waters
of the United States’—Recodification of
Pre-existing Rules’’ in the Federal
Register. The original deadline to
submit comments was August 28, 2017.
This action extends the comment period
for 30 days. Written comments must
now be received by September 27, 2017.
SUPPLEMENTARY INFORMATION:
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Dated: August 16, 2017.
Michael H. Shapiro,
Acting Assistant Administrator for Water,
Environmental Protection Agency.
Dated: August 16, 2017.
Douglas W. Lamont,
Deputy Assistant Secretary of the Army
(Project Planning and Review), performing
the duties of the Assistant Secretary of the
Army for Civil Works.
[FR Doc. 2017–17739 Filed 8–21–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–HQ–OAR–2016–0442; FRL–9966–63–
OAR]
RIN 2060–AT57
National Emission Standards for
Hazardous Air Pollutants From the
Portland Cement Manufacturing
Industry: Alternative Monitoring
Method
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The U.S. Environmental
Protection Agency (EPA) is proposing to
amend the National Emission Standards
for Hazardous Air Pollutants From the
Portland Cement Manufacturing
Industry (Portland Cement NESHAP).
We are proposing to revise the testing
and monitoring requirements for
hydrochloric acid (HCl) due to the
current unavailability of HCl calibration
gases used for quality assurance
purposes.
DATES: The EPA must receive written
comments on this proposed rule on or
before October 6, 2017.
Public Hearing. If a public hearing is
requested by August 29, 2017, then we
will hold a public hearing on September
6, 2017 at the EPA WJC East Building,
1201 Constitution Avenue NW.,
Washington, DC 20004. If a public
hearing is requested, then we will
provide additional details about the
public hearing on our Web site at
https://www.epa.gov/stationary-sourcesair-pollution/portland-cementmanufacturing-industry-nationalemission-standards and https://
www3.epa.gov/airquality/cement/
actions.html. To request a hearing, to
register to speak at a hearing, or to
inquire if a hearing will be held, please
contact Aimee St. Clair at (919) 541–
1063 or by email at stclair.aimee@
epa.gov. The EPA does not intend to
publish any future notices in the
SUMMARY:
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Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Proposed Rules
Federal Register regarding a public
hearing on this proposed action and
directs all inquiries regarding a hearing
to the Web site and contact person
identified above. The last day to preregister in advance to speak at the
public hearing will be September 5,
2017.
Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2016–0442, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or withdrawn from
Regulations.gov. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the Web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
ADDRESSES:
Mr.
Brian Storey, Sector Policies and
Programs Division (D243–04), Office of
Air Quality Planning and Standards,
U.S. Environmental Protection Agency,
Research Triangle Park, North Carolina
27711; telephone number: (919) 541–
1103; fax number: (919) 541–5450; and
email address: storey.brian@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
sradovich on DSK3GMQ082PROD with PROPOSALS
Organization of This Document. The
information in this preamble is
organized as follows:
I. General Information
A. Does this proposed rule apply to me?
B. What should I consider as I prepare my
comments for the EPA?
II. What are the amendments made by this
proposed rule?
III. 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
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17:08 Aug 21, 2017
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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
I. General Information
A. Does this proposed rule apply to me?
Categories and entities potentially
regulated by this proposed rule include:
NAICS
Code 1
Category
Portland cement manufacturing
facilities .....................................
1 North
American
Industry
327310
Classification
System.
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
regulated by this proposed rule. To
determine whether your facility is
affected, you should examine the
applicability criteria in the Code of
Federal Regulations (CFR) at 40 CFR
63.1340. If you have questions regarding
the applicability of any aspect 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.
B. What should I consider as I prepare
my comments for the EPA?
On June 23, 2017, the EPA published
a direct final rule that provided a
compliance alternative for sources that
would otherwise be required to use a
HCl continuous emissions monitoring
system (CEMS) to demonstrate
compliance with the HCl emissions
limit (82 FR 28562). At the same time,
we published a parallel proposal in
which we proposed to make the same
amendment to the NESHAP. The EPA
indicated that it would withdraw the
direct final rule if it received adverse
comment. The EPA received adverse
comment on that direct final rule, but
was not able to timely withdraw the
rule. In this proposal, the EPA is reproposing and providing additional
opportunity for public comment on the
same amendment to the NESHAP that
was proposed on June 23, 2017.
Simultaneously with this proposal, the
EPA is taking final action to withdraw
the June 23, 2017, direct final rule.
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Comments received on the June 23,
2017, direct final rule and/or parallel
proposal will be deemed to be
submitted on this proposal, unless the
commenter withdraws the original
comment.
For comments on this proposal, 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, a
copy of the comments that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2. Send or deliver
information identified as CBI only to the
following address: OAQPS Document
Control Officer (C404–02), U.S.
Environmental Protection Agency,
Research Triangle Park, North Carolina
27711, Attention Docket ID No. EPA–
HQ–OAR–2016–0442.
II. What are the amendments made by
this proposed rule?
On July 25, 2016, the EPA published
an alternative monitoring method for
sources that would otherwise be
required to use an HCl CEMS to
demonstrate compliance with the
National Emission Standards for
Hazardous Air Pollutants From the
Portland Cement Manufacturing
Industry (81 FR 48356). The alternative
was provided for a period of 1 year. The
alternative monitoring method allowed
sources to demonstrate compliance by
using CEMS readouts as a parameter
monitor to indicate relative changes
from the observed CEMS HCl reading.
Specifically, the alternative required
installation of an HCl CEMS to provide
a continuous readout of HCl emissions.
However, actual compliance with the
HCl emissions limit of 3 parts per
million by volume (ppmv) was
determined by a three-run stack test.
During the stack test, the average HCl
CEMS reading was determined. The
alternative allows this CEMS reading to
become a continuous operating
parameter that must be met on a 30-day
rolling average. The EPA determined it
was appropriate to allow this alternative
because some facilities have been
unable to obtain National Institute of
Standards and Technology (NIST)-
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Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Proposed Rules
traceable calibration gases. As a result,
these facilities cannot calibrate their
CEMS with sufficient accuracy for the
CEMS readout to be used to directly
determine compliance with the 3 ppmv
HCl emissions limit. The alternative
addresses this problem by allowing
sources to use the CEMS readouts as a
parameter monitor to indicate relative
changes from the observed CEMS HCl
reading obtained during the stack
performance test used to demonstrate
compliance.
In this action, the EPA is proposing to
extend the use of the alternative
monitoring method, as described in the
July 25, 2016, direct final rulemaking
(81 FR 48356). Because this alternative
is only needed until such time as the
NIST-traceable calibration gases become
available, the EPA intends to remove the
alternative once such gases become
available.
III. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive Orders can be
found at https://www2.epa.gov/lawsregulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a significant
regulatory action and was, therefore, not
submitted to the Office of Management
and Budget (OMB) for review.
sradovich on DSK3GMQ082PROD with PROPOSALS
B. Paperwork Reduction Act (PRA)
This action does not impose any new
information collection burden under the
PRA. OMB has previously approved the
information collection activities
contained in the existing regulation (40
CFR part 63, subpart LLL) and has
assigned OMB control number 2060–
0416. This action does not change the
information collection requirements.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. This action will not
impose any requirements on small
entities. This action does not create any
new requirements or burdens and no
costs are associated with this proposed
action.
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. The action imposes no
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enforceable duty on any state, local, or
tribal governments or the private sector.
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications, as specified in Executive
Order 13175. It will neither impose
substantial direct compliance costs on
federally recognized tribal governments,
nor preempt tribal law. The EPA is
aware of one tribally owned Portland
cement facility currently subject to 40
CFR part 63, subpart LLL that will be
subject to this proposed rule. However,
the provisions of this proposed rule are
not expected to impose new or
substantial direct compliance costs on
tribal governments since the provisions
in this proposed rule are extending the
use of an alternative to the HCl
monitoring provisions, including an
option which provides operational
flexibility. Thus, Executive Order 13175
does not apply to this action.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
The EPA interprets Executive Order
13045 as applying 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.
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J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
The EPA believes that this action does
not have disproportionately high and
adverse human health or environmental
effects on minority populations, lowincome populations, and/or indigenous
peoples, as specified in Executive Order
12898 (59 FR 7629, February 16, 1994).
This action does not affect the level of
protection provided to human health or
the environment.
List of Subjects in 40 CFR Part 63
Environmental protection,
Administrative practice and procedures,
Air pollution control, Hazardous
substances, Intergovernmental relations,
Reporting and recordkeeping
requirements.
Dated: August 11, 2017.
E. Scott Pruitt,
Administrator.
For the reasons stated in the
preamble, the Environmental Protection
Agency is proposing to amend title 40,
chapter I, part 63 of the Code of Federal
Regulations (CFR) as follows:
PART 63—NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS FOR SOURCE
CATEGORIES
1. The authority citation for part 63
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart LLL—National Emission
Standards for Hazardous Air Pollutants
From the Portland Cement
Manufacturing Industry
2. Section 63.1349 is amended by:
a. Revising paragraph (b)(6)(v)
introductory text.
■ b. Removing paragraph (b)(6)(v)(H).
The revision reads as follows:
■
■
§ 63.1349 Performance testing
requirements.
*
*
*
*
*
(b) * * *
(6) * * *
(v) As an alternative to paragraph
(b)(6)(ii) of this section, the owner or
operator may demonstrate initial
compliance by conducting a
performance test using Method 321 of
appendix A to this part. You must also
monitor continuous performance
through use of an HCl CPMS according
to paragraphs (b)(6)(v)(A) through (G) of
this section. For kilns with inline raw
mills, compliance testing and
monitoring HCl to establish the site
specific operating limit must be
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Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Proposed Rules
conducted during both raw mill on and
raw mill off conditions.
*
*
*
*
*
■ 3. Section 63.1350 is amended by
revising paragraph (l)(4) introductory
text to read as follows:
§ 63.1350
Monitoring requirements.
*
*
*
*
*
(l) * * *
(4) If you monitor continuous
performance through the use of an HCl
CPMS according to paragraphs
(b)(6)(v)(A) through (G) of § 63.1349, for
any exceedance of the 30-kiln operating
day HCl CPMS average value from the
established operating limit, you must:
*
*
*
*
*
[FR Doc. 2017–17626 Filed 8–21–17; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 0, 1, 15, 20, and 54
[GN Docket No. 16–46; DA 17–664]
Connect2HealthFCC Task Force
Announces Upcoming Virtual
Listening Sessions on Broadband
Health Divide
Federal Communications
Commission.
ACTION: Extension of comment deadline.
AGENCY:
In this document, the
Connect2HealthFCC Task Force (Task
Force) of the Federal Communications
Commission (Commission), extends the
deadline for interested parties to submit
comments and reply comments in
response to the notice issued on April
24, 2017, on FCC Seeks Comment and
Data on Actions to Accelerate Adoption
and Accessibility of Broadband-Enabled
Health Care Solutions and Advanced
Technologies (GN Docket No. 16–46;
FCC 17–46). In addition, the Task Force
announces that it will be convening
several virtual listening sessions to more
efficiently facilitate additional input on
the issues raised in the aforementioned
notice.
DATES: Submit comments and reply
comment on or before September 29,
2017.
SUMMARY:
You may submit comments
and reply comments, identified by GN
Docket No. 16–46, by any of the
following methods:
• Electronic Filers: Comments may be
filed electronically using the Internet by
accessing the ECFS: https://apps.fcc.gov/
ecfs/ (click the ‘‘submit a filing’’ tab).
Filers should follow the instructions
provided on the Web site for submitting
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ADDRESSES:
VerDate Sep<11>2014
17:08 Aug 21, 2017
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comments. For ECFS filers, in
completing the transmittal screen, filers
should include their full name, U.S.
Postal service mailing address, and the
applicable docket number: GN Docket
No. 16–46.
• Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing. Filings can be
sent by hand or messenger delivery, by
commercial overnight courier, or by
first-class or overnight U.S. Postal
Service mail. All filings must be
addressed to the Commission’s
Secretary, Marlene H. Dortch, Office of
the Secretary, Federal Communications
Commission. All hand-delivered or
messenger-delivered paper filings for
the Commission’s Secretary must be
delivered to FCC Headquarters at 445
12th St. SW., Room TW–A325,
Washington, DC 20554. All hand
deliveries must be held together with
rubber bands or fasteners. Any
envelopes must be disposed of before
entering the building. The filing hours
are 8:00 a.m. to 7:00 p.m. Commercial
overnight mail (other than U.S. Postal
Service Express Mail and Priority Mail)
must be sent to 9300 East Hampton
Drive, Capitol Heights, MD 20743. U.S.
Postal Service first-class mail, Express
Mail, and Priority Mail must be
addressed to 445 12th Street SW.,
Washington, DC 20554.
Additional Filing Instruction: To the
extent feasible, parties should email a
copy of their comments to the Task
Force’s email box, at connect2health@
fcc.gov. In the email, please insert
‘‘Comments in GN Docket No. 16–46’’ in
the subject line. Copies of all filings will
be available in GN Docket No. 16–46
through ECFS and are also available for
public inspection and copying during
regular business hours at the FCC
Reference Information Center, Portals II,
445 12th St. SW., Room CY–A257,
Washington, DC 20554, telephone (202)
418–0270. Documents will be available
electronically in ASCII, Microsoft Word,
and/or Adobe Acrobat.
People with Disabilities: To request
materials in accessible formats for
people with disabilities (braille, large
print, electronic files, audio format),
send an email to fcc504@fcc.gov or call
the Consumer and Governmental Affairs
Bureau at 202–418–0530 (voice) or 202–
418–0432 (TTY). Contact the FCC to
request reasonable accommodations for
filing comments (accessible format
documents, sign language interpreters,
CART, etc.) by email at: fcc504@fcc.gov;
phone: 202–418–0530 or TTY: 202–418–
0432.
FOR FURTHER INFORMATION CONTACT: Ben
Bartolome, Special Counsel,
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39715
Connect2HealthFCC Task Force, at (770)
935–3383, or via email at
Ben.Bartolome@fcc.gov (inserting
‘‘Question re GN Docket No 16–46’’ in
the subject line).
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s
document, DA 17–664, released on July
21, 2017. The complete text of this
document is available on the Internet at
the Commission’s Web site, at https://
www.fcc.gov/document/c2h-holdlistening-sessions-bridging-broadbandhealth-divide. The full text is also
available for public inspection and
copying from 8:00 a.m. to 4:30 p.m.
Eastern Time (ET) Monday through
Thursday or from 8:00 a.m. to 11:30 a.m.
on Fridays in the FCC Reference
Information Center, 445 12th Street SW.,
Room CY–A257, Washington, DC 20554
(Telephone: 202–418–0270; TTY: 202–
418–2555).
In document DA 17–664, the Federal
Communications Commission’s
Connect2Health Task Force announces
that it will convene several virtual
listening sessions over several weeks
(i.e., during the week of August 7, and
also the weeks of September 11, 18, and
25, 2017) to more efficiently facilitate
targeted input on broadband health
issues (including on the rural/urban gap
and other digital divide issues) from
non-traditional stakeholders and those
outside the Washington, DC area. The
instructions for participating in these
sessions are provided in the notice. This
effort specifically relates to the Task
Force’s development of
recommendations on critical regulatory,
policy, technical, and infrastructure
issues concerning the emerging
broadband-enabled health and care
ecosystem described in the April 24,
2017 document FCC 17–46, issued in
GN Docket No. 16–46 (FCC Seeks
Comment and Data on Actions to
Accelerate Adoption and Accessibility
of Broadband-Enabled Health Care
Solutions and Advanced Technologies).
This document also announces that
the formal comment period for GN
Docket No. 16–46 will remain open
until September 29, 2017, to give
interested parties an opportunity to file
additional comments and information
following the completion of the
aforementioned virtual listening
sessions (noting that the initial
deadlines for filing comments and reply
comments in response to the notice in
GN Docket No. 16–46 were May 24,
2017, and June 8, 2017, respectively).
Further, parties have also expressed
interest in submitting comments and
suggestions for enhancements related to
the Mapping Broadband Health in
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Agencies
[Federal Register Volume 82, Number 161 (Tuesday, August 22, 2017)]
[Proposed Rules]
[Pages 39712-39715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17626]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2016-0442; FRL-9966-63-OAR]
RIN 2060-AT57
National Emission Standards for Hazardous Air Pollutants From the
Portland Cement Manufacturing Industry: Alternative Monitoring Method
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The U.S. Environmental Protection Agency (EPA) is proposing to
amend the National Emission Standards for Hazardous Air Pollutants From
the Portland Cement Manufacturing Industry (Portland Cement NESHAP). We
are proposing to revise the testing and monitoring requirements for
hydrochloric acid (HCl) due to the current unavailability of HCl
calibration gases used for quality assurance purposes.
DATES: The EPA must receive written comments on this proposed rule on
or before October 6, 2017.
Public Hearing. If a public hearing is requested by August 29,
2017, then we will hold a public hearing on September 6, 2017 at the
EPA WJC East Building, 1201 Constitution Avenue NW., Washington, DC
20004. If a public hearing is requested, then we will provide
additional details about the public hearing on our Web site at https://www.epa.gov/stationary-sources-air-pollution/portland-cement-manufacturing-industry-national-emission-standards and https://www3.epa.gov/airquality/cement/actions.html. To request a hearing, to
register to speak at a hearing, or to inquire if a hearing will be
held, please contact Aimee St. Clair at (919) 541-1063 or by email at
stclair.aimee@epa.gov. The EPA does not intend to publish any future
notices in the
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Federal Register regarding a public hearing on this proposed action and
directs all inquiries regarding a hearing to the Web site and contact
person identified above. The last day to pre-register in advance to
speak at the public hearing will be September 5, 2017.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2016-0442, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or withdrawn from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the Web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Mr. Brian Storey, Sector Policies and
Programs Division (D243-04), Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, Research Triangle
Park, North Carolina 27711; telephone number: (919) 541-1103; fax
number: (919) 541-5450; and email address: storey.brian@epa.gov.
SUPPLEMENTARY INFORMATION:
Organization of This Document. The information in this preamble is
organized as follows:
I. General Information
A. Does this proposed rule apply to me?
B. What should I consider as I prepare my comments for the EPA?
II. What are the amendments made by this proposed rule?
III. 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
I. General Information
A. Does this proposed rule apply to me?
Categories and entities potentially regulated by this proposed rule
include:
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NAICS
Category Code \1\
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Portland cement manufacturing facilities..................... 327310
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\1\ North American Industry Classification System.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
proposed rule. To determine whether your facility is affected, you
should examine the applicability criteria in the Code of Federal
Regulations (CFR) at 40 CFR 63.1340. If you have questions regarding
the applicability of any aspect 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.
B. What should I consider as I prepare my comments for the EPA?
On June 23, 2017, the EPA published a direct final rule that
provided a compliance alternative for sources that would otherwise be
required to use a HCl continuous emissions monitoring system (CEMS) to
demonstrate compliance with the HCl emissions limit (82 FR 28562). At
the same time, we published a parallel proposal in which we proposed to
make the same amendment to the NESHAP. The EPA indicated that it would
withdraw the direct final rule if it received adverse comment. The EPA
received adverse comment on that direct final rule, but was not able to
timely withdraw the rule. In this proposal, the EPA is re-proposing and
providing additional opportunity for public comment on the same
amendment to the NESHAP that was proposed on June 23, 2017.
Simultaneously with this proposal, the EPA is taking final action to
withdraw the June 23, 2017, direct final rule. Comments received on the
June 23, 2017, direct final rule and/or parallel proposal will be
deemed to be submitted on this proposal, unless the commenter withdraws
the original comment.
For comments on this proposal, 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, a copy of the comments that does not
contain the information claimed as CBI must be submitted for inclusion
in the public docket. Information so marked will not be disclosed
except in accordance with procedures set forth in 40 CFR part 2. Send
or deliver information identified as CBI only to the following address:
OAQPS Document Control Officer (C404-02), U.S. Environmental Protection
Agency, Research Triangle Park, North Carolina 27711, Attention Docket
ID No. EPA-HQ-OAR-2016-0442.
II. What are the amendments made by this proposed rule?
On July 25, 2016, the EPA published an alternative monitoring
method for sources that would otherwise be required to use an HCl CEMS
to demonstrate compliance with the National Emission Standards for
Hazardous Air Pollutants From the Portland Cement Manufacturing
Industry (81 FR 48356). The alternative was provided for a period of 1
year. The alternative monitoring method allowed sources to demonstrate
compliance by using CEMS readouts as a parameter monitor to indicate
relative changes from the observed CEMS HCl reading. Specifically, the
alternative required installation of an HCl CEMS to provide a
continuous readout of HCl emissions. However, actual compliance with
the HCl emissions limit of 3 parts per million by volume (ppmv) was
determined by a three-run stack test. During the stack test, the
average HCl CEMS reading was determined. The alternative allows this
CEMS reading to become a continuous operating parameter that must be
met on a 30-day rolling average. The EPA determined it was appropriate
to allow this alternative because some facilities have been unable to
obtain National Institute of Standards and Technology (NIST)-
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traceable calibration gases. As a result, these facilities cannot
calibrate their CEMS with sufficient accuracy for the CEMS readout to
be used to directly determine compliance with the 3 ppmv HCl emissions
limit. The alternative addresses this problem by allowing sources to
use the CEMS readouts as a parameter monitor to indicate relative
changes from the observed CEMS HCl reading obtained during the stack
performance test used to demonstrate compliance.
In this action, the EPA is proposing to extend the use of the
alternative monitoring method, as described in the July 25, 2016,
direct final rulemaking (81 FR 48356). Because this alternative is only
needed until such time as the NIST-traceable calibration gases become
available, the EPA intends to remove the alternative once such gases
become available.
III. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at https://www2.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was,
therefore, not submitted to the Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act (PRA)
This action does not impose any new information collection burden
under the PRA. OMB has previously approved the information collection
activities contained in the existing regulation (40 CFR part 63,
subpart LLL) and has assigned OMB control number 2060-0416. This action
does not change the information collection requirements.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. This action
does not create any new requirements or burdens and no costs are
associated with this proposed action.
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. The action imposes no enforceable duty on any state,
local, or tribal governments or the private sector.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175. It will neither impose substantial direct
compliance costs on federally recognized tribal governments, nor
preempt tribal law. The EPA is aware of one tribally owned Portland
cement facility currently subject to 40 CFR part 63, subpart LLL that
will be subject to this proposed rule. However, the provisions of this
proposed rule are not expected to impose new or substantial direct
compliance costs on tribal governments since the provisions in this
proposed rule are extending the use of an alternative to the HCl
monitoring provisions, including an option which provides operational
flexibility. Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying 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 does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations, and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).
This action does not affect the level of protection provided to human
health or the environment.
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practice and procedures,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: August 11, 2017.
E. Scott Pruitt,
Administrator.
For the reasons stated in the preamble, the Environmental
Protection Agency is proposing to amend title 40, chapter I, part 63 of
the Code of Federal Regulations (CFR) as follows:
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES
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1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart LLL--National Emission Standards for Hazardous Air
Pollutants From the Portland Cement Manufacturing Industry
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2. Section 63.1349 is amended by:
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a. Revising paragraph (b)(6)(v) introductory text.
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b. Removing paragraph (b)(6)(v)(H).
The revision reads as follows:
Sec. 63.1349 Performance testing requirements.
* * * * *
(b) * * *
(6) * * *
(v) As an alternative to paragraph (b)(6)(ii) of this section, the
owner or operator may demonstrate initial compliance by conducting a
performance test using Method 321 of appendix A to this part. You must
also monitor continuous performance through use of an HCl CPMS
according to paragraphs (b)(6)(v)(A) through (G) of this section. For
kilns with inline raw mills, compliance testing and monitoring HCl to
establish the site specific operating limit must be
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conducted during both raw mill on and raw mill off conditions.
* * * * *
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3. Section 63.1350 is amended by revising paragraph (l)(4) introductory
text to read as follows:
Sec. 63.1350 Monitoring requirements.
* * * * *
(l) * * *
(4) If you monitor continuous performance through the use of an HCl
CPMS according to paragraphs (b)(6)(v)(A) through (G) of Sec. 63.1349,
for any exceedance of the 30-kiln operating day HCl CPMS average value
from the established operating limit, you must:
* * * * *
[FR Doc. 2017-17626 Filed 8-21-17; 8:45 am]
BILLING CODE 6560-50-P