[Federal Register Volume 82, Number 65 (Thursday, April 6, 2017)]
[Rules and Regulations]
[Pages 16736-16740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06884]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2009-0234; FRL-9958-30-OAR]
RIN 2060-AS75
Mercury and Air Toxics Standards (MATS) Electronic Reporting
Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is amending the
electronic reporting requirements for the National Emission Standards
for Hazardous Air Pollutants: Coal- and Oil-Fired Electric Utility
Steam Generating Units (also known as the Mercury and Air Toxics
Standards (MATS)) to allow for the temporary submission, through June
30, 2018, of certain reports using the portable document file (PDF)
format and to correct inadvertent errors. With this action owners or
operators of Electric Utility Steam Generating Units (EGUs) will be
able to continue to use temporarily a single electronic reporting
system for MATS data submissions, to rely on correct language for
mercury (Hg) relative accuracy test audit (RATA) requirements, and to
rely on the correct acceptance criterion for ongoing quality assurance
test requirements for Hg RATAs. This extension will allow the EPA the
necessary time to develop, implement, and test the code necessary so
that all MATS reports required to be submitted electronically can be
submitted using the Emissions Collection and Monitoring Plan System
(ECMPS) Client Tool.
DATES: This final rule is effective on April 6, 2017.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2009-0234. All documents in the docket are
listed on the http://www.regulations.gov Web site. Although listed in
the index, some information is not publicly available, e.g.,
confidential business information 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 electronically through http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Barrett Parker, Sector Policies
and Programs Division, Office of Air Quality Planning and Standards
(D243-05), Environmental Protection Agency, Research Triangle Park, NC
27711; telephone number: (919) 541-5635; email address:
[email protected].
SUPPLEMENTARY INFORMATION: Organization of the document.
The information in this preamble is organized as follows:
I. Why is the EPA issuing this final rule?
II. General Information
A. Does this final rule apply to me?
B. What is the scope of these amendments?
C. What is the purpose of these amendments?
D. What action is the agency taking?
E. What are the incremental costs and benefits of this action?
F. Judicial Review and Administrative Reconsideration
G. What is the effective date of this rule?
III. Statutory and Executive Orders 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
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act (CRA)
I. Why is the EPA issuing this final rule?
As explained in the MATS Completion of Electronic Reporting
Requirements proposal (see 81 FR 67062, September 29, 2016), the EPA
proposed to amend the MATS electronic
[[Page 16737]]
reporting requirements by revising and streamlining the electronic data
reporting requirements for owners and operators of EGUs that use
performance stack testing or continuous monitoring to demonstrate
compliance. Such an approach, based on the ECMPS Client Tool only, was
requested by industry stakeholders and would increase data transparency
by providing the public and regulatory authorities with enhanced access
to MATS data. In addition to proposing a single electronic reporting
submission system, the proposal identified associated regulatory text
changes, proposed to correct inadvertent errors in appendix A of 40 CFR
part 63, subpart UUUUU carried over from the final Technical
Corrections rule (see 81 FR 20712, April 6, 2016), proposed to revise
appendix B to facilitate use of hydrogen chloride continuous emission
monitoring systems (CEMS) operating in accordance with newly-
promulgated Performance Specification 18, proposed to add appendices C
and D to identify reporting requirements for users of particulate
matter (PM) CEMS and PM continuous parameter monitoring systems (CPMS),
identified in appendix E the electronic data elements already required
to be reported, and proposed to require quarterly--rather than
semiannual--compliance reports. Based on requests for additional time
to prepare comments, the proposal's comment period was extended for an
additional 15 days (see 81 FR 75365, October 31, 2016).
Commenters generally supported the proposal. They also provided
many ideas regarding merging the electronic submission systems. Many
commenters suggested extending the interim regulatory deadline (April
16, 2017) that allows submission of non-ECMPS ready reports in PDF
format. We originally established this deadline to allow temporary
submission in PDF format while we make and implement the changes to the
ECMPS Client Tool necessary for a single electronic reporting system.
After considering the comments received and factoring in the time
necessary to provide complete responses to all significant comments, we
have decided to take final action on just a portion of the proposal.
Specifically, we have decided to extend the interim submission
regulatory deadline and make two corrections to appendix A. We may take
final action on the other proposed changes in a separate rulemaking,
which would be conducted later.
No comments were received in opposition to extending the interim
submission regulatory deadline from April 16, 2017, to December 31,
2017. However, a few commenters suggested replacing a date certain
deadline with a fixed time period after promulgation, in order to
provide a smooth transition to the single electronic reporting system.
We may choose to adapt such an approach at a future date, but for now,
we believe a deadline of June 30, 2018, will provide certainty to
industry stakeholders, third party programmers, regulatory authorities,
the public, and the EPA. We believe that date will give us adequate
time to complete our review, respond to comments, and promulgate a
separate final rule addressing the remaining issues in the September
29, 2016 proposal. In addition, we believe other important items, such
as guidance and programming, will be well on their way to completion by
that date. Moreover, that date coincides with the end of a reporting
period.
No comments were received in opposition to making the two
corrections to appendix A. As many owners and operators of EGUs
currently rely on Hg CEMS for compliance purposes, we believe it
important to make these corrections at this time.
II. General Information
A. Does this final rule apply to me?
Categories and entities potentially affected by this action
include:
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NAICS code Examples of potentially
Category \1\ regulated entities
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Industry....................... 221112 Fossil fuel-fired
electric utility steam
generating units.
Federal government............. \2\ 221122 Fossil fuel-fired
electric utility steam
generating units owned
by the Federal
government.
State/local/Tribal government.. \2\ 221122 Fossil fuel-fired
electric utility steam
generating units owned
by municipalities.
921150 Fossil fuel-fired
electric utility steam
generating units in
Indian country.
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\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
action. This table lists the types of entities that the EPA is now
aware could potentially be regulated by this action. Other types of
entities not listed in the table could also be regulated. To determine
whether an entity is regulated by this action, please examine the
applicability criteria found in 40 CFR 63.9981 of the rule. For
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.
B. What is the scope of these amendments?
This rule extends the interim PDF reporting process described in 40
CFR 63.10031(f) from April 16, 2017, to June 30, 2018. In addition,
this rule amends the text in 40 CFR 63.10021(e)(9) and in 40 CFR
63.10031(f) related to this extension. Finally, this action clarifies
instructions in section 4.1.1.5.2 of appendix A with regard to
calculating Hg RATA results and conditions described in Table A-2 of
appendix A for demonstrating compliance with ongoing Hg measurement
instrument quality assurance requirements.
C. What is the purpose of these amendments?
As mentioned earlier, the purpose of these amendments is to extend
through June 30, 2018, the temporary submission of certain reports
using the PDF format and to correct inadvertent errors in appendix A.
Without this action, owners or operators of EGUs would have to use
separate electronic reporting systems for MATS submissions, rely on
incorrect language for Hg RATA requirements, or rely on an unclear
acceptance criterion for ongoing quality assurance test requirements
for Hg RATAs. This extension is intended to allow us the necessary time
to develop, implement, and test the code necessary so that all MATS
electronic reports can be submitted using the ECMPS Client Tool. The
corrections to appendix A are intended to ensure that owners and
operators of EGUs have clear and correct instructions with regard to
calculating Hg RATA results and demonstrating compliance with ongoing
Hg measurement instrument quality assurance requirements.
[[Page 16738]]
D. What action is the agency taking?
This action amends parts of 40 CFR part 63, subpart UUUUU. The
amendments are discussed in the paragraphs below.
1. Revisions to Tune-Up Reporting Requirements in 40 CFR 63.10021
The tune-up reporting section of MATS, i.e., 40 CFR 63.10021(e)(9),
is amended to extend through June 30, 2018, the temporary submission of
certain tune-up reports using the PDF format. Starting on and after
July 1, 2018, the tune-up reports must be submitted as described in 40
CFR 63.10031(f).
2. Revisions to Reporting Requirements in 40 CFR 63.10031
The deadline for temporary submission of certain reports in PDF
format using the ECMPS Client Tool, as described in 40 CFR
63.10031(f)(6), is amended to extend through June 30, 2018. On and
after July 1, 2018, the performance test reports, CEMS performance
evaluation test reports, quarterly reports for PM or hazardous air
pollutant metals CEMS or PM CPMS, compliance reports, and notification
of compliance status reports, as described in 40 CFR 63.10031(f),
(f)(1), (f)(2), and (f)(4), must be submitted to the EPA's Compliance
and Emissions Data Reporting Interface that is accessed through EPA's
Central Data Exchange (www.epa.gov/cdx).
3. Revisions to Appendix A
This rule makes two corrections to the Hg monitoring provisions of
appendix A.
First, in the MATS Technical Corrections rule package, which was
published on April 6, 2016 (see 81 FR 20172, April 6, 2016), there is
language in section 4.1.1.5.2 of appendix A describing an alternate way
to calculate and interpret RATA results when Hg emissions are less than
50 percent of the standard. This language was inadvertently carried
over from the MATS Technical Corrections proposed rule and conflicts
with the alternate relative accuracy (RA) specification in Table A-1 of
the final rule. That language is deleted.
Second, the MATS Technical Corrections final rule contains an
inconsistency of the Hg RATA acceptance criteria in Table A-2 versus
that in Table A-1. This final rule amends Table A-2 to make it
consistent with Table A-1 so that the 20-percent RA specification in
Table A-1 may be applied at any reference method concentration level
and the alternate specification applies only when the average reference
method value (RMavg) is < 2.5 micrograms per standard cubic
meter ([micro]g/scm).
E. What are the incremental costs and benefits of this action?
This action extends the deadline for temporary submission of
certain reports using the PDF format and corrects inadvertent errors in
appendix A. It does not promulgate substantive changes to the February
2012 final MATS rule (77 FR 9304). Therefore, there are no incremental
costs and benefits associated with this final action. The costs and
benefits associated with MATS are discussed in detail in the February
16, 2012, final MATS rule.
F. Judicial Review and Administrative Reconsideration
Under CAA section 307(b)(1), judicial review of this final action
is available only by filing a petition for review in the United States
Court of Appeals for the District of Columbia Circuit by June 5, 2017.
Under CAA section 307(b)(2), the requirements established by these
final rules may not be challenged separately in any civil or criminal
proceedings brought by the EPA to enforce the 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 reconsider the rule ``[i]f the
person raising an objection can demonstrate to the Administrator 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 should
submit a Petition for Reconsideration to the Office of the
Administrator, U.S. EPA, Room 3000, EPA WJC South Building, 1200
Pennsylvania Ave. 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 Ave., NW., Washington, DC 20460.
G. What is the effective date of this rule?
We are making these amendments effective upon publication of this
action. This timeframe for the effective date is appropriate because
the EPA is issuing this final rule under section 307(d) of the CAA.
Section 553(d) of the Administrative Procedure Act (APA), 5 U.S.C.
Chapter 5, generally provides that rules may not take effect earlier
than 30 days after they are published in the Federal Register. CAA
section 307(d)(1) clarifies that: ``The provisions of section 553
through 557 * * * of Title 5 shall not, except as expressly provided in
this section, apply to actions to which this subsection applies.''
Thus, section 553(d) of the APA does not apply to this rule. Rather the
effective date of this rule is governed by CAA Section 112(d)(10),
which provides that ``Emission standards or other regulations
promulgated under this subsection shall be effective upon
promulgation.'' Accordingly, we are making this rule effective upon
publication in the Federal Register. Additionally, making this rule
effective upon publication in the Federal Register will allow the CFR
to be updated more quickly, which will provide greater notice of these
amendments to EGU owners or operators affected by this final action.
III. Statutory and Executive Orders Reviews
Additional information about these statutes and Executive Orders
can be found at http://www.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 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 regulations and has assigned OMB
control number 2060-0567. The agency believes this action does not
impose an information collection burden because it 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. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. An agency may
[[Page 16739]]
certify that a rule will not have a significant economic impact on a
substantial number of small entities if the rule relieves regulatory
burden, has no net burden or otherwise has a positive economic effect
on the small entities subject to the rule. These amendments create no
new requirements or burdens, and no costs to small entities would be
associated with these amendments. We have therefore concluded that this
action will have no net regulatory burden for all directly regulated
small entities.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain an unfunded mandate of $100 million or
more 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. The final amendments would 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 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
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,
low-income, 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. The
final amendments are either alternate, temporary reporting instructions
or corrections which will neither increase nor decrease environmental
protection.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: March 29, 2017.
E. Scott Pruitt,
Administrator.
For the reasons set forth in the preamble, EPA amends 40 CFR part
63 as follows:
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES
0
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart UUUUU--National Emission Standards for Hazardous Air
Pollutants: Coal- and Oil-Fired Electric Utility Steam Generating
Units
0
2. Section 63.10021 is amended by revising the first and second
sentences of paragraph (e)(9) to read as follows:
Sec. 63.10021 How do I demonstrate continuous compliance with the
emission limitations, operating limits, and work practice standards?
* * * * *
(e) * * *
(9) Report the dates of the initial and subsequent tune-ups in hard
copy, as specified in Sec. 63.10031(f)(5), through June 30, 2018. On
or after July 1, 2018, report the date of all tune-ups electronically,
in accordance with Sec. 63.10031(f). * * *
* * * * *
0
3. Section 63.10031 is amended by revising the first sentence of
paragraphs (f) introductory text, (f)(1), (2), and (4), and (f)(6)
introductory text.
The revised text reads as follows:
Sec. 63.10031 What reports must I submit and when?
* * * * *
(f) On or after July 1, 2018, within 60 days after the date of
completing each performance test, you must submit the performance test
reports required by this subpart to the EPA's WebFIRE database by using
the Compliance and Emissions Data Reporting Interface (CEDRI) that is
accessed through the EPA's Central Data Exchange (CDX) (www.epa.gov/cdx). * * *
(1) On or after July 1, 2018, 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 July 1, 2018, 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 the EPA's
WebFIRE database by using the CEDRI that is accessed through the EPA's
CDX (www.epa.gov/cdx). * * *
* * * * *
(4) On or after July 1, 2018, 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
the EPA's WebFIRE database by using the CEDRI that is accessed through
the EPA's CDX (www.epa.gov/cdx). * * *
* * * * *
(6) Prior to July 1, 2018, all reports subject to electronic
submittal in paragraphs (f) introductory text, (f)(1),
[[Page 16740]]
(2), and (4) shall be submitted to the EPA at the frequency specified
in those paragraphs in electronic portable document format (PDF) using
the ECMPS Client Tool. * * *
* * * * *
0
4. Appendix A to Subpart UUUUU is amended by:
0
a. Revising section 4.1.1.5.2; and
0
b. Revising the entry ``RATA'' in Table A-2.
The revised text reads as follows:
Appendix A to Subpart UUUUU of Part 63--Hg Monitoring Provisions
* * * * *
4. Certification and Recertification Requirements
* * * * *
4.1.1.5.2 Calculation of RATA Results. Calculate the relative
accuracy (RA) of the monitoring system, on a [micro]g/scm basis, as
described in section 12 of Performance Specification (PS) 2 in
appendix B to part 60 of this chapter (see Equations 2--3 through 2-
6 of PS 2). For purposes of calculating the relative accuracy,
ensure that the reference method and monitoring system data are on a
consistent basis, either wet or dry. The CEMS must either meet the
main performance specification or the alternative specification in
Table A-1 of this appendix.
* * * * *
5. Ongoing Quality Assurance (QA) and Data Validation
* * * * *
Table A-2--On-Going QA Test Requirements for Hg CEMS
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With these qualifications
Perform this type of QA test At this frequency and exceptions Acceptance criteria
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* * * * * * *
RATA................................ Annual \4\............ Test deadline may <=20.0% RA or
be extended for ``non-QA [bond]RM - C [bond] +
operating quarters,'' up [bond]CC[bond] <= 0.5
to a maximum of 8 [micro]g/scm, if
quarters from the quarter RMavg < 2.5 [micro]g/
of the previous test. scm.
720 operating
hour grace period
available.
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* * * * *
\4\ ``Annual'' means once every four QA operating quarters.
* * * * *
* * * * *
[FR Doc. 2017-06884 Filed 4-5-17; 8:45 am]
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