[Federal Register Volume 85, Number 35 (Friday, February 21, 2020)]
[Proposed Rules]
[Pages 10121-10127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03154]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 51
[EPA-HQ-OAR-2018-0633; FRL-10005-41-OAR]
RIN 2060-AT80
Revisions to Appendix P to 40 CFR Part 51, Concerning Minimum
Emission Reporting Requirements in SIPs
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
update a
[[Page 10122]]
regulation, Appendix P to 40 CFR part 51 (Appendix P), that specifies
what State Implementation Plans (SIPs) must require of sources among
four categories with respect to continuous emission monitoring,
recording, and reporting. Those four Appendix P source categories are:
Fossil fuel-fired steam generators; fluid bed catalytic cracking unit
catalyst regenerators at petroleum refineries; sulfuric acid plants;
and nitric acid plants. In particular, proposed amendments to Appendix
P would revise the minimum frequency for submitting reports of excess
emissions from ``each calendar quarter'' to ``twice per year at 6-month
intervals.'' As a result, states may, in their SIPs, establish a
semiannual reporting frequency for excess emissions at affected sources
that aligns with what the EPA has generally established as the
reporting frequency applicable to the Appendix P source categories
under more recently updated regulations, such as New Source Performance
Standards (NSPS) under 40 CFR part 60. Proposed amendments also include
correction of an erroneous cross-reference in Appendix P.
DATES:
Comments: Written comments must be received on or before March 23,
2020. Public hearings. If anyone contacts us requesting a public
hearing on or before March 9, 2020, we will hold a public hearing.
Additional information about the hearing, if one is requested, will be
published in a subsequent Federal Register document. Please refer to
SUPPLEMENTARY INFORMATION for additional information on the comment
period and the public hearing.
Information collection request: Under the Paperwork Reduction Act
(PRA), comments on the information collection provisions are best
assured of having full effect if the Office of Management and Budget
(OMB) receives a copy of your comments on or before March 23, 2020.
ADDRESSES: Comments: Submit your comments, identified by Docket ID No.
EPA-HQ-OAR-2018-0633, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed 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
document 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://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: For further general information on
this proposed rule or on the Information Collection Request (ICR),
contact Ms. Lisa Sutton, U.S. EPA, Office of Air Quality Planning and
Standards, State and Local Programs Group (C539-01), Research Triangle
Park, NC 27711, telephone number (919) 541-3450, email address:
[email protected]. For information on the public hearing, contact Ms.
Pam Long, U.S. EPA, Office of Air Quality Planning and Standards, Air
Quality Policy Division (C504-01), Research Triangle Park, NC 27711,
telephone number (919) 541-0641, email address: [email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
Entities potentially affected directly by this action include
states, United States (U.S.) territories, local authorities and
eligible tribes that are currently administering, or may in the future
administer, EPA-approved implementation plans (collectively
``states'').\1\ Entities potentially affected indirectly by this action
are sources categorized as fossil fuel-fired steam generators, fluid
bed catalytic cracking unit catalyst regenerators at petroleum
refineries, sulfuric acid plants, or nitric acid plants. For
convenience, the EPA's reference to ``affected sources'' in this
rulemaking generally refers to sources affected by SIP requirements,
i.e., those sources to which a SIP's Appendix P-specified monitoring
requirements actually apply. While all sources among the Appendix P
source categories (when not already excepted in Appendix P itself) are
potentially affected by such requirements, it is within the state's
discretion to grant an exemption in its SIP from applicability of the
Appendix P-specified monitoring requirements for certain sources. If
you have questions regarding the applicability of this action to a
particular entity, consult the person listed in the FOR FURTHER
INFORMATION CONTACT section of this document.
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\1\ The EPA respects the unique relationship between the U.S.
government and tribal authorities and acknowledges that tribal
concerns are not interchangeable with state concerns. Under the CAA
and EPA regulations, a tribe may, but is not required to, apply for
eligibility to have a tribal implementation plan (TIP). For
convenience, the EPA refers to either ``states'' or ``air agencies''
in this rulemaking when meaning to refer in general to states, the
District of Columbia, U.S. territories, local air permitting
authorities and eligible tribes that are currently administering, or
may in the future administer, EPA-approved implementation plans.
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B. What should I consider as I prepare my comments for the EPA?
When submitting comments, remember to:
Identify the rulemaking docket by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions. The proposed rule may ask you to
respond to specific questions or organize comments by referencing a
Code of Federal Regulations (CFR) part or section number.
Explain why you agree or disagree, suggest alternatives
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used to support your comment.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns
wherever possible, and suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.
Submitting CBI. 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
any digital storage media that you mail to the EPA, mark the outside of
the digital storage media as CBI and then identify electronically
within the digital storage media the specific information that is
claimed as CBI. In addition to one complete version of the comments
that includes information claimed as CBI, you must submit a copy of the
comments that does not contain the information claimed as CBI for
inclusion in the public docket. If you submit any digital storage media
that does not contain CBI, mark the outside of the digital storage
media clearly that it does not contain CBI. Information not marked as
CBI will be included in the public docket and the EPA's electronic
[[Page 10123]]
public docket without prior notice. Information marked as CBI will not
be disclosed except in accordance with procedures set forth in 40 Code
of Federal Regulations (CFR) part 2. Send or deliver information
identified as CBI only to the following address: OAQPS Document Control
Officer (C404-02), OAQPS, U.S. Environmental Protection Agency,
Research Triangle Park, North Carolina 27711, Attention Docket ID No.
EPA-HQ-OAR-2018-0633.
C. How can I find information about a possible hearing?
To request a public hearing or information pertaining to a public
hearing regarding this document, please contact Ms. Pam Long, U.S. EPA,
Office of Air Quality Planning and Standards, Air Quality Policy
Division (C504-01), Research Triangle Park, NC 27711, telephone number
(919) 541-0641, email address: [email protected] on or before March 9,
2020. Additional information about the hearing, if one is requested,
will be published in a subsequent Federal Register document.
D. 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 Federal Register document will be posted at https://www.epa.gov/air-quality-implementation-plans/develop-air-quality-sip#guidance.
E. How is this notice of proposed rulemaking organized?
The information presented in this preamble is organized as follows:
I. General Information
A. Does this action apply to me?
B. What should I consider as I prepare my comments for the EPA?
C. How can I find information about a possible hearing?
D. Where can I get a copy of this document and other related
information?
E. How is this notice of proposed rulemaking organized?
II. Overview of Proposed Action
A. What action is the Agency proposing?
B. What is the Agency's authority for proposing this action?
III. Historical and Regulatory Background for Appendix P
A. State Implementation Plans and the EPA's Regulations at 40
CFR Part 51
B. Part 51 Amended To Require Continuous Emission Monitoring
IV. Rationale for Updating Appendix P
A. Proposed Action Comports With the EPA's Burden Reduction Rule
of 1999
B. States Urge the EPA To Reduce Reporting Frequency for
Appendix P Source Categories
V. Environmental Justice Considerations
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
C. Paperwork Reduction Act (PRA)
D. Regulatory Flexibility Act (RFA)
E. Unfunded Mandates Reform Act (UMRA)
F. Executive Order 13132: Federalism
G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
H. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
J. National Technology Transfer and Advancement Act (NTTAA)
K. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
VII. Statutory Authority
II. Overview of Proposed Action
A. What action is the Agency proposing?
The EPA is proposing amendments to update the data reporting
requirements specified for SIPs under Appendix P to 40 CFR part 51.
Appendix P, which the EPA promulgated in 1975, sets forth certain
minimum requirements for continuous emission monitoring that each SIP
must include in order to be approved under the provisions of 40 CFR
51.214. See 40 FR 46240 (October 6, 1975).
The EPA proposes to revise the current specification that sources
among the four Appendix P source categories must report excess
emissions at a frequency of no less than every calendar quarter, by
changing the minimum frequency to semiannually. For example, the
reference to ``each calendar quarter'' in paragraph 4.1 of Appendix P
would be removed and replaced with a reference to ``twice per year at
6-month intervals.'' As a result, states would be allowed to establish,
in their SIPs, a reporting frequency for affected sources under
Appendix P that aligns with the reporting frequency that the EPA has
generally established under more recently updated programs applicable
to sources among the four Appendix P source categories, such as NSPS.
As described in Section III.B of this document, the EPA has generally
moved to a semiannual reporting frequency specification for sources
regulated under its regulations pursuant to the Clean Air Act (CAA),
e.g., in NSPS (40 CFR part 60) and National Emission Standards for
Hazardous Air Pollutants (NESHAP) (40 CFR parts 61 and 63).\2\ A
semiannual minimum reporting frequency under Appendix P would also
align with the semiannual reporting frequency required of sources
through the EPA's regulations for title V operating permits (40 CFR
parts 70 and 71).\3\ Notwithstanding these proposed revisions to
Appendix P, a source that is subject to other excess emission reporting
requirements (e.g., under 40 CFR parts 60, 61, or 63) would be required
to comply with the applicable provisions of those rules.
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\2\ ``Recordkeeping and Reporting Burden Reduction, Final
amendments,'' 64 FR 7457 (February 12, 1999).
\3\ The title V permit shall require submittal of reports of any
required monitoring at least every 6 months, and all instances of
deviations from permit requirements must be clearly identified in
such reports. See 40 CFR 70.6(a)(3)(iii)(A) and 40 CFR
71.6(a)(3)(iii)(A).
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The EPA emphasizes that the proposed amendments to Appendix P, if
finalized as proposed, would not require states to adopt these
particular changes (by revising their SIPs). When proposing in 1974 to
add Appendix P to 40 CFR part 51, the EPA stressed that Appendix P set
forth only minimum requirements and recognized that in keeping with the
basic framework of SIPs, states were allowed, even encouraged, to
develop procedures even more comprehensive than those in Appendix P.\4\
Likewise, upon promulgating Appendix P in 1975, the EPA stated that
while minimum requirements were being established, states ``may, as
they deem appropriate, expand these requirements.'' \5\ Thus, although
the relaxation in minimum reporting frequency specified for SIPs under
Appendix P being proposed would allow a state in turn to require
semiannual reporting of sources among the Appendix P source categories,
it would not obligate a state to adopt requirements for semiannual
reporting in its SIP if the state chooses to retain requirements beyond
the minimum (e.g., quarterly reporting requirements for Appendix P
source categories).
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\4\ ``Requirements for the Preparation, Adoption and Submittal
of Implementation Plans: Emission Monitoring of Stationary Sources;
Proposed rules,'' 39 FR 32871 (September 11, 1974). See 32872/3.
\5\ ``Part 51--Requirements for the Preparation, Adoption and
Submittal of Implementation Plans: Emission Monitoring of Stationary
Sources,'' 40 FR 46240 (October 6, 1975). See 46246/3.
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An additional amendment proposed in this action would revise one
cross-reference under Appendix P so that it refers to the appropriate
section of 40 CFR part 51. In accordance with the EPA's regulations for
SIPs concerning continuous emission monitoring, each SIP must meet
certain minimum requirements, including those specified in Appendix P.
The continuous
[[Page 10124]]
emission monitoring regulations of 40 CFR part 51 were moved from Sec.
51.19(e) to Sec. 51.214 as part of a 1986 rule through which the EPA
significantly restructured and consolidated its regulations for the
development of SIPs.\6\ In the notice of final rulemaking for that 1986
rule, several cross-references under Appendix P were revised. The EPA
acknowledges that the cross-reference in Appendix P under section 1.0
(which concerns contininuous emission monitoring requirements) was
changed from Sec. 51.19(e) to Sec. 51.165(b) in error, when the
intent was to change it to Sec. 51.214. The EPA now proposes to revise
section 1.0 of Appendix P so that it correctly refers to the continuous
emission monitoring regulations at Sec. 51.214.
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\6\ ``Air Quality Implementation Plans; Restructuring SIP
Preparation Regulations; Final rule,'' 51 FR 40656 (November 7,
1986). The changes to cross-references in Appendix P and Appendix S
are described at 40675.
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B. What is the Agency's authority for proposing this action?
This document is being developed under the authority of sections
110(a)(2)(F) and 301(a) of the CAA.
III. Historical and Regulatory Background for Appendix P
A. State Implementation Plans and the EPA's Regulations at 40 CFR Part
51
The SIP is a state's plan identifying how the state will meet its
CAA requirements, such as to attain and maintain the National Ambient
Air Quality Standards (NAAQS). Pursuant to section 110 of the CAA, each
state is required to submit a SIP for EPA approval, and the EPA is
required to evaluate and either approve or disapprove the state's
submission. The SIP (including revisions over time) contains control
measures and strategies developed through a public process and formally
adopted by the state. The elements of a SIP are prescribed in
particular under section 110 and Part D of the CAA. Of particular
relevance to this proposed rulemaking, CAA section 110(a)(2)(F) governs
requirements associated with stationary source monitoring and reporting
in the context of SIPs.
Pursuant to CAA section 110, the EPA established procedural
requirements applicable to all states concerning the preparation,
adoption, and submission of SIPs and SIP revisions. These regulations,
initially promulgated in 1971, comprise 40 CFR part 51, ``Requirements
for Preparation, Adoption, and Submittal of Implementation Plans.''
Like the SIPs themselves, these regulations are periodically revised.
B. Part 51 Amended To Require Continuous Emission Monitoring
The EPA in 1974 proposed to amend its SIP preparation regulations
under 40 CFR part 51 to require that SIPs contain legally enforceable
procedures mandating owners or operators of stationary sources to
install equipment to monitor pollutant emissions on a continuous basis
and to report the data obtained.\7\ As was explained in the 1974 notice
of proposed rulemaking, the regulations already required states to have
the legal authority to require such monitoring and recording.\8\
However, at the time that the EPA's SIP preparation regulations were
originally published, ``[t]he Agency believed that the state-of-the-art
was such that it was not prudent to require existing sources to install
[continuous monitoring] devices.'' \9\ The agency explained that, for
certain sources, ``general specifications for accuracy, reliability and
durability can be established for continuous emission monitors . . .
.'' \10\ Accordingly, the agency proposed to amend 40 CFR part 51 by
adding a new requirement that would ``require States to revise their
implementation plans to require sources to install monitoring
instruments and to report the resulting data to the appropriate State
Agency.'' \11\
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\7\ ``Requirements for the Preparation, Adoption and Submittal
of Implementation Plans: Emission Monitoring of Stationary Sources;
Proposed rules,'' 39 FR 32871 (September 11, 1974). See 32871/3.
\8\ Id.
\9\ Id.
\10\ Id.
\11\ Id.
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In choosing the types of sources and pollutants listed in Appendix
P and, thus, subject to the proposed minimum requirements for
continuous emission monitoring specified for SIPs, the EPA selected
four source categories that would be covered by continuous emission
monitoring requirements and performance testing methods simultaneously
proposed under NSPS regulations pursuant to section 111 of the CAA
(i.e., under Part 60).\12\ The EPA even noted in the Appendix P
proposal that the SIP rulemaking was very closely connected with the
NSPS rulemaking. The EPA urged states and other affected parties to
consider the companion NSPS proposal as part of the Appendix P proposal
and to direct comments to the relevant portions of both proposals.\13\
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\12\ 39 FR 32871 at 32872; see also ``Standards of Performance
for New Stationary Sources: Emission Monitoring Requirements and
Performance Testing Methods; Proposed rules,'' 39 FR 32852
(September 11, 1974).
\13\ 39 FR 32871 at 32872/2.
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In 1975, the EPA promulgated Appendix P on the same day it
promulgated the NSPS monitoring and performance requirements under 40
CFR part 60.\14\ In the final amendments to 40 CFR part 51, the EPA
expanded 40 CFR 51.19 (now 40 CFR 51.214) to require states to revise
their SIPs to include legally enforceable procedures requiring certain
specified categories of existing stationary sources to monitor
emissions on a continuous basis. The agency explained that requiring
``a sound program of continuous emission monitoring and reporting''
would more fully implement CAA sections 110(a)(2)(F)(ii) and (iii).\15\
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\14\ ``Part 60--Standards of Performance for New Stationary
Sources,'' 40 FR 46250 (October 6, 1975).
\15\ ``Part 51--Requirements for the Preparation, Adoption and
Submittal of Implementation Plans: Emission Monitoring of Stationary
Sources,'' 40 FR 46240 (October 6, 1975).
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Section 51.19(e)(4) (now Sec. 51.214(e)) in 40 CFR specifies such
procedures to require the source owner or operator to submit
information relating to emissions and operation of the emission
monitors to the state to the extent described in Appendix P as
frequently as or more frequently than described therein.\16\ With
respect to reporting requirements, Appendix P specifies under paragraph
4.1 that the SIP ``shall require owners or operators of facilities
required to install continuous monitoring systems to submit a written
report of excess emissions for each calendar quarter and the nature and
cause of the excess emissions, if known.'' \17\ At the time of
promulgation in 1975, this specification in Appendix P of quarterly
reporting as the minimum frequency was by design aligned with the
quarterly reporting frequency generally specified for new sources under
Part 60. This ``report of excess emissions,'' like the corollary
``excess emissions and monitoring systems performance report''
specified under 40 CFR part 60 (see Sec. 60.7(c)), should be submitted
by the owner or operator whether or not excess emissions occurred
within the reporting period (see Appendix P, paragraph 4.5).
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\16\ 40 FR 46240 at 46247/2.
\17\ Id. at 46249/1.
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Each state is required to include all of the Appendix P-specified
requirements in its SIP, including the monitoring requirements listed
in Appendix P under section 1.1, ``Applicability,'' for sources
specified under Appendix P at a minimum.\18\ However, section 1.2,
``Exemptions,'' provides that a state may exempt certain sources from
applicability of those monitoring requirements. When proposing in 1974
to amend the 40 CFR part 51 regulations
[[Page 10125]]
to include minimum requirements for continuous emission monitoring, the
EPA noted that the 40 CFR part 51 amendments were not intended to
necessarily apply to new sources, since the 40 CFR part 60 (NSPS)
requirements would apply to those new sources.\19\ Therefore, in
accordance with Appendix P, paragraph 1.2.1, a state may choose to
include in its SIP a provision to grant an exemption from the Appendix
P-specified monitoring requirements for a source that is subject to an
NSPS promulgated in 40 CFR part 60. Similarly, in accordance with
paragraph 1.2.2, a state may choose to include in its SIP a provision
to grant an exemption for a source that is not subject to an applicable
emission standard of the approved SIP. As the EPA clarified in the 40
CFR part 51 amendments, Appendix P-specified continuous emission
monitors ``are not required for sources unless such sources are subject
to an applicable emission limitation of an approved SIP.'' \20\ In
addition, in accordance with paragraph 1.2.3, a state was allowed to
include in its SIP a provision granting an exemption for certain
affected sources that were scheduled for retirement within 5 years
after inclusion of the Appendix P monitoring requirements in its SIP.
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\18\ Id. at 46246/3.
\19\ 39 FR 32871 at 32872/2.
\20\ 40 FR 46240 at 46246/2.
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IV. Rationale for Updating Appendix P
A. Proposed Action Comports With the EPA's Burden Reduction Rule of
1999
As of 1975, when the continuous emission monitoring specifications
for SIPs under 40 CFR part 51 and for NSPS under 40 CFR part 60 were
promulgated, sources affected under either set of regulations were
required to submit continuous emission monitor reports of their excess
emissions and other information on a quarterly basis. Over the next
many years, the EPA expanded the types of sources to be regulated
pursuant to CAA sections 111 (for NSPS) and 112 (for NESHAP), and those
later regulations (e.g., NSPS under 40 CFR part 60 and NESHAP under 40
CFR parts 61 and 63) increasingly allowed sources to submit such
reports on a less frequent basis, semiannually or in some cases even
annually. In the agency's experience, semiannual reporting provides
sufficiently timely information to ensure compliance and enable
adequate enforcement of applicable requirements, while imposing less
burden on the affected industry than would quarterly reporting. Thus,
in 1999, the EPA promulgated a Burden Reduction Rule,\21\ which, among
other revisions, revised the NSPS reporting frequency, with a few
exceptions,\22\ to semiannually for nearly all source categories. As a
result, the reporting frequency requirements under NSPS regulations,
including for the four Appendix P source categories, no longer aligned
with the reporting requirements specified in Appendix P.
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\21\ ``Recordkeeping and Reporting Burden Reduction, Final
amendments,'' 64 FR 7457 (February 12, 1999).
\22\ For most source categories, the reporting requirements
under NSPS and NESHAP General Provisions apply. However, a minority
of the NSPS regulations do not adopt by reference the Part 60
General Provisions for reporting requirements, instead explicitly
specifying requirements for the affected source category. Certain
reporting requirements, for particular pollutants and particular
source categories, were not revised in the Burden Reduction Rule.
For example, for those electric utility steam generating units
subject to NSPS subpart Da (which also fall under Appendix P's
``fossil fuel-fired steam generators'' source category), the
regulation continues even today to require that opacity levels in
excess of the applicable opacity standard and the date of such
excesses are to be submitted (reported) to the Administrator each
calendar quarter; see 40 CFR 60.51Da(i).
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As rationale for the Burden Reduction Rule, the EPA noted at
proposal that its most recent NSPS and NESHAP had moved almost
exclusively to semiannual reporting as a standard approach.\23\ Thus,
also in the General Provisions for 40 CFR parts 60, 61, and 63, the
Burden Reduction Rule changed the reporting frequency requirements, to
conform them to recently promulgated NSPS and NESHAP regulations. The
EPA estimated a 20-percent reduction in reporting burden on sources
under a typical rule.\24\
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\23\ ``Recordkeeping and Reporting Burden Reduction; Proposed
revisions to rules and notice of public hearing,'' 61 FR 47840
(September 11, 1996). See 61 FR 47844/2.
\24\ Id.
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As noted by the EPA in the Burden Reduction Rule,\25\ and as
recognized in Section II.A of this document, the EPA's regulations for
title V operating permits also specify semiannual reporting by
sources.\26\
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\25\ 64 FR 7457 at 7458/3.
\26\ The title V permit shall require submittal of reports of
any required monitoring at least every 6 months, and all instances
of deviations from permit requirements must be clearly identified in
such reports. See 40 CFR 70.6(a)(3)(iii)(A) and 40 CFR
71.6(a)(3)(iii)(A).
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B. States Urge the EPA To Reduce Reporting Frequency for Appendix P
Source Categories
With this proposed rulemaking, the EPA is seeking to reasonably
resolve a longstanding inconsistency in its reporting requirements for
certain categories of sources between (i) those specified as the
minimum for Appendix P source categories in the SIP context (under 40
CFR part 51) and (ii) those prescribed for similar sources through NSPS
(under part 60) or NESHAP (under 40 CFR parts 61 and 63). The EPA
acknowledges that two states in particular, South Carolina and
Tennessee, have been urging the EPA to amend the Appendix P
specification for reporting frequency. South Carolina and Tennessee
each have sources among the Appendix P source categories that cannot be
exempted from the Appendix P-specified monitoring requirements under
any of the exemptions available under Appendix P section 1.2
(Exemptions). While such sources are subject to SIP emission
limitations, they are not subject to any NSPS because they commenced
operation before the applicability dates of those standards. States
have argued that the rationale on which the EPA has relied to decrease
the minimum reporting frequency over time for sources regulated under
NSPS, for example, is the same rationale on which the EPA should rely
to decrease the minimum reporting frequency that Appendix P specifies
for 40 CFR part 51 sources. Materials submitted by South Carolina and
Tennessee, including their general arguments in support of--and in
advance of--such action, are available in the docket for this
rulemaking. The EPA is including those materials in the docket because
they serve to illustrate how the proposed amendments to Appendix P
might manifest in a SIP.
V. Environmental Justice Considerations
A change in the specified minimum frequency with which affected
sources must submit continuous monitoring system data reports, as a
result of the proposed revisions to Appendix P, is not expected to
result in any change in the pollutant emissions from any of the
affected sources. Therefore, the EPA believes that this action will not
have potential disproportionately high and adverse human health or
environmental effects on minority, low-income, or indigenous
populations.
VI. 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.
[[Page 10126]]
B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
This action is not expected to be an Executive Order 13771
regulatory action because this action is not significant under
Executive Order 12866.
C. Paperwork Reduction Act (PRA)
The information collection activities in this proposed rule have
been submitted for approval to the OMB under the PRA. The ICR document
that the EPA prepared has been assigned EPA ICR number 2590.01. You can
find a copy of the ICR in the docket for this proposed rule, and it is
briefly summarized here.
The EPA is proposing to update a regulation, Appendix P to 40 CFR
part 51, that specifies what SIPs must require of sources among four
categories with respect to continuous emission monitoring, recording,
and reporting. In particular, the proposed amendments to Appendix P
would generally relax a ``minimum reporting frequency'' specification
for SIPs from quarterly to semiannually. The subject rule would revise
only the minimum requirement, and so the rule does not require that any
state change the actual reporting frequency requirement in its SIP that
applies to Appendix P sources. Therefore, to comply with the subject
rule's requirements, each state may choose to prepare and submit a SIP
revision but is not required to do so, and so the information
collection activities in this proposed rule are voluntary for the
states as respondents. The EPA has determined that the requested
information collection (SIP submissions) would not include any
confidential information. In accordance with 40 CFR 51.116, ``Data
availability,'' each state must retain and make available for public
inspection all detailed data and calculations used in the preparation
of its SIP and SIP revisions. The EPA has the responsibility and
statutory authority under CAA section 110(a) to assure that the states,
through their SIPs, meet the requirements of the CAA. The regulatory
burden under the information collection is attributed to states'
preparation and submission of SIP revisions, a type of reporting
burden. For purposes of estimating the paperwork burden, the EPA
assumes that each of 56 entities, including states, the District of
Columbia, and U.S. territories, would make a single SIP submission that
includes an Appendix P-related provision within 3 years after the
effective date of the rule, corresponding to the requested 3-year
collection period. There are no capital costs or operation and
maintenance costs attributed to the proposed rule.
Respondents/affected entities: All states.
Respondent's obligation to respond: Voluntary.
Estimated number of respondents: 56.
Frequency of response: One-time.
Total estimated burden: 3,080 hours per year (or 55 hours per
respondent per year). Burden is defined at 5 CFR 1320.3(b).
Total estimated cost: $191,200 per year (or $3,414 per respondent
per year), with no capital cost and no operation and maintenance cost.
The derivation of these estimates is described in greater detail in
the Supporting Statement for the initial, rule-related ICR for
``Revisions to Appendix P to 40 CFR part 51'' that is included in the
docket for this rulemaking.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for the
EPA's regulations in 40 CFR are listed in 40 CFR part 9.
Submit your comments on the agency's need for this information, the
accuracy of the provided burden estimates and any suggested methods for
minimizing respondent burden to the EPA using the docket identified at
the beginning of this rule. You may also send your ICR-related comments
to OMB's Office of Information and Regulatory Affairs via email to
[email protected], Attention: Desk Officer for the EPA. Since
OMB is required to make a decision concerning the ICR between 30 and 60
days after receipt, OMB must receive comments no later than March 23,
2020. The EPA will respond to any ICR-related comments in the final
rule.
D. 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. Any agency may 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 this rule. This action will not impose any
requirements on small entities. Instead, this action leaves to each
state the choice as to whether to reflect in its SIP a reduction in
minimum reporting frequency specified for certain categories of
stationary sources regulated under the CAA.
E. 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.
F. 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.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. It would not have a substantial direct effect on
one or more Indian tribes, since no tribe has to develop a TIP under
these regulatory revisions. Furthermore, these regulation revisions do
not affect the relationship or distribution of power and
responsibilities between the federal government and Indian tribes. The
CAA and the Tribal Air Rule establish the relationship of the federal
government and tribes in developing plans to attain the NAAQS, and
these revisions to the regulations do nothing to modify that
relationship. Thus, Executive Order 13175 does not apply to this
action.
H. 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 the reduction in minimum reporting
frequency specified for certain categories of sources regulated under
the CAA will have no effect on any obligation to comply with emission
limitations in SIPs, and so it does not concern an environmental health
risk or safety risk.
[[Page 10127]]
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution or use of energy. This action merely allows states the
option to reflect in their SIPs a reduction in minimum reporting
frequency specified for certain categories of stationary sources
regulated under the CAA.
J. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
K. 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 populations as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).
This action merely allows states the option to reflect in their
SIPs a reduction in minimum reporting frequency specified for certain
categories of stationary sources regulated under the CAA, which will
have no effect on any obligation to comply with emission limitations in
SIPs.
VII. Statutory Authority
The statutory authority for this action is provided by CAA section
101 et seq. (42 U.S.C. 7401 et seq.).
List of Subjects in 40 CFR Part 51
Environmental protection, Administrative practice and procedure,
Air pollution control, Carbon monoxide, Intergovernmental relations,
Lead, Nitrogen dioxide, Nitrogen oxides, Opacity, Ozone, Reporting and
recordkeeping requirements, Sulfur dioxide, Sulfur oxides,
Transportation, Volatile organic compounds.
Dated: February 7, 2020.
Andrew R. Wheeler,
Administrator.
For the reasons stated in the preamble, 40 CFR part 51 is proposed
to be amended as follows:
PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF
IMPLEMENTATION PLANS
0
1. The authority citation for part 51 continues to read as follows:
Authority: 23 U.S.C. 101; 42 U.S.C. 7401-7671q.
APPENDIX P TO PART 51--MINIMUM EMISSION MONITORING REQUIREMENTS--
[AMENDED]
0
2. In appendix P to part 51:
0
a. Paragraph 1.0 is amended by removing the reference to ``40 CFR
51.165(b).'' and adding in its place a reference to ``40 CFR 51.214.'';
0
b. Paragraph 4.1 is amended by removing the words ``each calendar
quarter'' and adding in their place the words ``twice per year at 6-
month intervals'';
0
c. Paragraph 4.6 is amended by removing the words ``in the quarterly
summaries, and'' and adding in their place the words ``as specified in
paragraph 4.1 of this appendix and'';
0
d. Paragraph 5.2.3 is amended by removing the words ``quarterly
summary.'' and adding in their place the words ``reports submitted as
specified in paragraph 4.1 of this appendix.'';
0
e. Paragraph 5.3.3 is amended by removing the words ``quarterly
summary.'' and adding in their place the words ``reports submitted as
specified in paragraph 4.1 of this appendix.''
[FR Doc. 2020-03154 Filed 2-20-20; 8:45 am]
BILLING CODE 6560-50-P