[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:

------------------------------------------------------------------------
                                  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.
------------------------------------------------------------------------
\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
----------------------------------------------------------------------------------------------------------------
                                                               With these qualifications
    Perform this type of QA test         At this frequency          and exceptions          Acceptance criteria
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
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.
----------------------------------------------------------------------------------------------------------------
* * * * *
\4\ ``Annual'' means once every four QA operating quarters.
* * * * *

* * * * *

[FR Doc. 2017-06884 Filed 4-5-17; 8:45 am]
 BILLING CODE 6560-50-P