[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 
[email protected]. The EPA does not intend to publish any future 
notices in the

[[Page 39713]]

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 http://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be edited or withdrawn from Regulations.gov.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 http://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: [email protected].

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:

------------------------------------------------------------------------
                                                                 NAICS
                           Category                             Code \1\
------------------------------------------------------------------------
Portland cement manufacturing facilities.....................     327310
------------------------------------------------------------------------
\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 http://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)-

[[Page 39714]]

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 http://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

0
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

0
2. Section 63.1349 is amended by:
0
a. Revising paragraph (b)(6)(v) introductory text.
0
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

[[Page 39715]]

conducted during both raw mill on and raw mill off conditions.
* * * * *
0
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