[Federal Register Volume 82, Number 182 (Thursday, September 21, 2017)]
[Rules and Regulations]
[Pages 44106-44108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20172]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2013-0696; FRL-9968-02-OAR]
RIN 2060-AS86


Technical Amendments to Procedure 6

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing minor 
technical amendments to Procedure 6 that were proposed in the Federal 
Register on May 19, 2016. Procedure 6 includes quality assurance (QA) 
procedures for hydrogen chloride (HCl) continuous emission monitoring 
systems (CEMS) used for compliance determination at stationary sources. 
The QA procedures specify the minimum requirements necessary for the 
control and assessment of the quality of CEMS data submitted to the 
EPA. This action establishes consistent requirements for ensuring and 
assessing the quality of HCl data measured by CEMS that meet initial 
acceptance requirements in Performance Specification (PS) 18 of 
appendix B to part 60.

DATES: This final rule is effective on October 23, 2017.

ADDRESSES: The EPA has established a docket for this rulemaking under 
Docket ID No. EPA-HQ-OAR-2013-0696. All documents in the docket are 
listed at https://www.regulations.gov. Although listed in the index, 
some information is not publicly available, e.g., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
electronically through www.regulations.gov or in hard copy at the EPA 
Docket Center, Room 3334, EPA WJC West Building, 1301 Constitution 
Avenue NW., Washington, DC 20004. The Public Reading Room is open from 
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the EPA Docket Center is (202) 
566-1742.

FOR FURTHER INFORMATION CONTACT: Mr. Raymond Merrill, Office of Air 
Quality Planning and Standards, Air Quality Assessment Division, 
Measurement Technology Group (Mail Code: E143-02), U.S. Environmental 
Protection Agency, Research Triangle Park, NC 27709; telephone number: 
(919) 541-5225; fax number: (919) 541-0516; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: The information in this preamble is 
organized as follows:

I. General Information
    A. Does this action apply to me?
    B. Where can I get a copy of this document and other related 
information?
    C. Judicial Review
II. Background
III. Final Revisions to Procedure 6
IV. Summary of Major Comments and Responses
V. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act (NTTAA)
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act (CRA)

I. General Information

A. Does this action apply to me?

    The major entities that would potentially be affected by Procedure 
6 for gaseous HCl CEMS are those entities that are required to install 
a new HCl CEMS, relocate an existing HCl CEMS, or replace an existing 
HCl CEMS under any applicable subpart of 40 CFR parts 60, 61, or 63 
that were initially accepted following requirements in PS 18 of 
appendix B in part 60. Table 1 of this preamble lists the current 
federal rules by subpart and the corresponding source categories to 
which Procedure 6 potentially would apply.

     Table 1--Source Categories That Would Potentially Be Subject to
                               Procedure 6
------------------------------------------------------------------------
                Subpart(s)                         Source category
------------------------------------------------------------------------
                             40 CFR Part 63
------------------------------------------------------------------------
Subpart LLL...............................  Portland Cement
                                             Manufacturing Industry.
Subpart UUUUU.............................  Coal- and Oil-fired.
                                            Electric Utility Steam
                                             Generating Units.
------------------------------------------------------------------------

    The requirements of Procedure 6 may also apply to stationary 
sources located in a state, district, reservation, or territory that 
adopts Procedure 6 in its implementation plan.
    Table 2 lists the corresponding North American Industry 
Classification (NAICS) codes for the source categories listed in Table 
1 of this preamble.

            Table 2--NAICS for Potentially Regulated Entities
------------------------------------------------------------------------
                                                                 NAICS
                           Industry                              codes
------------------------------------------------------------------------
Fossil Fuel-Fired Electric Utility Steam Generating Units....     221112
                                                                     \a\
                                                                  921150
Portland Cement Manufacturing Plants.........................     327310
------------------------------------------------------------------------
\a\ Industry in Indian Country.

    Tables 1 and 2 are not intended to be exhaustive, but rather they 
provide a guide for readers regarding entities potentially affected by 
this action. If you have any questions regarding the potential 
applicability of Procedure 6 to a particular entity, consult the person 
listed in the FOR FURTHER INFORMATION CONTACT section.

B. Where can I get a copy of this document and other related 
information?

    In addition to being available in the docket, an electronic copy of 
this action is available on the Internet through the EPA's Technology 
Transfer Network (TTN) Web site, a forum for information and technology 
exchange in various areas of air quality management, measurement 
standards and implementation, etc. Following publication in the Federal 
Register, the EPA will post the Federal Register version of the 
promulgation and key technical documents on the TTN at http://www.epa.gov/ttn/emc/promulgated.html.

C. Judicial Review

    Under section 307(b)(1) of the Clean Air Act (CAA), judicial review 
of this final rule is available only by filing a

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petition for review in the U.S. Court of Appeals for the District of 
Columbia Circuit by November 20, 2017. Under section 307(d)(7)(B) of 
the CAA, only an objection to this final rule that was raised with 
reasonable specificity during the period for public comment can be 
raised during judicial review. Moreover, under section 307(b)(2) of the 
CAA, the requirements established by this final rule may not be 
challenged separately in any civil or criminal proceedings brought by 
the EPA to enforce these requirements. Section 307(d)(7)(B) of the CAA 
further provides that ``[o]nly an objection to a rule or procedure 
which was raised with reasonable specificity during the period for 
public comment (including any public hearing) may be raised during 
judicial review.'' This section also provides a mechanism for us to 
convene a proceeding for reconsideration, ``[i]f the person raising an 
objection can demonstrate to the EPA that it was impracticable to raise 
such objection within [the period for public comment] or if the grounds 
for such objection arose after the period for public comment (but 
within the time specified for judicial review) and if such objection is 
of central relevance to the outcome of the rule.'' Any person seeking 
to make such a demonstration to us should submit a Petition for 
Reconsideration to the Office of the Administrator, U.S. EPA, Room 
3000, William Jefferson Clinton Building, 1200 Pennsylvania Avenue NW., 
Washington, DC 20460, with a copy to both the person(s) listed in the 
preceding FOR FURTHER INFORMATION CONTACT section, and the Associate 
General Counsel for the Air and Radiation Law Office, Office of General 
Counsel (Mail Code 2344A), U.S. EPA, 1200 Pennsylvania Avenue NW., 
Washington, DC 20460.

II. Background

    On July 7, 2015, the EPA published Procedure 6, which is a 
companion to PS 18. Procedure 6 specifies the minimum QA requirements 
necessary for control and assessment of the quality of CEMS data 
submitted to the EPA used for HCl emissions compliance determination at 
stationary sources (80 FR 38628). Performance Specification 18 and 
Procedure 6 are applicable to the evaluation of HCl continuous 
monitoring instruments for Portland cement facilities, electric 
generating units and industrial, commercial, and institutional boilers 
and process heaters. After publication of Procedure 6, certain minor 
inconsistencies with treatment of data above span and how to calculate 
the error of CEMS accuracy using dynamic spiking were identified. The 
EPA proposed to correct the minor inconsistencies in PS 18 and 
Procedure 6 through a direct final action titled, ``Technical 
Amendments to Performance Specification 18 and Procedure 6.'' 81 FR 
31515 (May 19, 2016). One substantive comment was received regarding 
changes to Procedure 6. The EPA finalized PS 18 and withdrew Procedure 
6 (81 FR 52348). With this action, the EPA is responding to that 
comment and finalizing corrections to Procedure 6.

III. Final Revisions to Procedure 6

    This action finalizes changes to Procedure 6 that were proposed on 
May 19, 2016 (81 FR 31577), and responds to the substantive comment 
received in response to that proposal by:
    (1) Clarifying that the QA for data above span is subject to the 
specific requirements in applicable rules or permits, which supersede 
the general requirements in Procedure 6 (section 4.1.5);
    (2) Clarifying the time that triggers conducting an above span CEMS 
response check (section 4.1.5.1);
    (3) Correcting the incomplete reference to equations used to 
calculate dynamic spiking error (section 5.2.4.2).

IV. Summary of Major Comments and Responses

    A commenter stated that one of the revisions to Procedure 6, as 
proposed by EPA on May 19, 2016, appeared to significantly change the 
applicability of certain QA requirements, contending that to do so 
would be inconsistent with the EPA's justification for the QA procedure 
originally promulgated in the 2015 final rule (80 FR 38628; July 7, 
2015). The EPA agrees with the commenter that the obligation to follow 
the procedure for treatment of data above span should remain as 
originally promulgated: As existing only where required by an 
applicable regulation. The EPA's intent was not to enlarge the 
applicability of Procedure 6 for treatment of data above span, but 
simply to make clear that (to the extent this procedure even applies) 
it is furthermore superseded if alternate terms are specified in 
another applicable rule or permit. Thus, for example, where an 
applicable rule or permit accommodates a concentration level between 50 
and 150 percent of the highest hourly concentration, during the period 
of measurements above span, that would be an acceptable implementation 
of Procedure 6, notwithstanding the default specification of section 
4.1.5.1.1 that concentrations must be between 75 percent and 125 
percent of the highest hourly concentration. The EPA has revised its 
proposed change to section 4.1.5 accordingly. It remains the case that 
the procedure under section 4.1.5 is not required unless separately 
mandated by an applicable regulation. The EPA also notes that with this 
amendment to section 4.1.5, the proposed amendment to section 4.1.5.3 
(specifically noting that section 4.1.5.3 would not apply if 
``otherwise specified in an applicable rule or permit'') is 
superfluous. The caveat previously proposed specifically for section 
4.1.5.3 should apply to all of section 4.1.5.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was, 
therefore, not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA. This action provides performance criteria and QA test 
procedures for assessing the acceptability of HCl CEMS performance and 
data quality. These criteria and QA test procedures do not add 
information collection requirements beyond those currently required 
under the applicable regulation.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities. This action 
provides facilities with an alternative to PS 15 and Fourier transform 
infrared spectroscopy for measuring HCl, which are currently required 
in several rules.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action imposes no enforceable duty on any 
state, local or tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and

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responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175. This action provides performance criteria and QA 
test procedures for assessing the acceptability of HCl CEMS performance 
and data quality. Thus, Executive Order 13175 does not apply to this 
action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action is not subject to Executive Order 
12898 (59 FR 7629, February 16, 1994) because it does not establish an 
environmental health or safety standard. This regulatory action is a 
technical correction to a previously promulgated regulatory action and 
does not have any impact on human health or the environment. 
Documentation for this decision is provided in the Summary of Major 
Comments and Responses section of this preamble.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects in 40 CFR Part 60

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Continuous emission monitoring systems, Hydrogen 
chloride, Performance specifications, Test methods and procedures.

    Dated: September 13, 2017.
E. Scott Pruitt,
Administrator.

    For the reasons stated in the preamble, title 40, chapter I of the 
Code of Federal Regulations is amended as follows:

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

0
1. The authority citation for part 60 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.


0
2. Amend appendix F to part 60 under ``Procedure 6'' by revising 
sections ``4.1.5'', ``4.1.5.1'' and ``5.2.4.2'' to read as follows:

Appendix F to Part 60--Quality Assurance Procedures

* * * * *

Procedure 6. Quality Assurance Requirements for Gaseous Hydrogen 
Chloride (HCl) Continuous Emission Monitoring Systems Used for 
Compliance Determination at Stationary Sources

* * * * *
    4.1.5 Additional Quality Assurance for Data above Span. This 
procedure must be used when required by an applicable regulation and 
may be used when significant data above span are being collected. 
Furthermore, the terms of this procedure do not apply to the extent 
that alternate terms are otherwise specified in an applicable rule 
or permit.
    4.1.5.1 Any time the average measured concentration of HCl 
exceeds 150 percent of the span value for two consecutive one-hour 
averages, conduct the following `above span' CEMS response check.
* * * * *
    5.2.4.2 Calculate results as described in section 6.4. To 
determine CEMS accuracy, you must calculate the dynamic spiking 
error (DSE) for each of the two upscale audit gases using Equation 
A5 in appendix A to PS-18 and Equation 6-3 in section 6.4 of 
Procedure 6 in appendix B to this part.
* * * * *
[FR Doc. 2017-20172 Filed 9-20-17; 8:45 am]
 BILLING CODE 6560-50-P