[Federal Register Volume 83, Number 127 (Monday, July 2, 2018)]
[Rules and Regulations]
[Pages 30879-30883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14308]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2009-0234; FRL-9980-41-OAR]
RIN 2060-AT42


Remaining Requirements for 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 taking final 
action to extend the period during which certain electronic reports 
required by the Mercury and Air Toxics Standards (MATS) may be 
submitted as portable document format (PDF) files using the Emissions 
Collection and Monitoring Plan System (ECMPS) Client Tool. This action 
will extend the end date of that period from June 30, 2018, to July 1, 
2020. This extension is necessary because the electronic reporting 
system that owners or operators of affected MATS sources will be 
required to use when PDF filing is no longer allowed will not be 
available by June 30, 2018. This extension does not alter the 
responsibility of owners or operators of affected MATS sources to 
comply with the applicable MATS and report their compliance information 
to the appropriate authority. In addition, this extension ensures that 
the compliance information can be submitted in a timely manner and made 
available to the public. Finally, this rule is effective on July 1, 
2018, to provide the regulated community a continuous and viable 
vehicle to submit compliance reports.

DATES: This final rule is effective on July 1, 2018.

ADDRESSES: Docket: 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 https://www.regulations.gov website. 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. Publicly available docket 
materials are available electronically through https://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: The information in this preamble is 
organized as follows:

I. General Information
    A. Does this action apply to me?
    B. What action is the Agency taking?
    C. What is the Agency's authority for taking this action?
    D. What are the incremental costs and benefits of this action?
II. Supplemental Information
    A. Background
    B. Why is the Agency taking final action without providing an 
opportunity for public comment?
    C. Why is the Agency making this action effective on July 1, 
2018?
III. What is the scope of this amendment?
IV. What specific amendments to 40 CFR part 63, subpart UUUUU are 
made by this rule?
V. 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
    L. Congressional Review Act (CRA)

I. General Information

A. Does this action apply to me?

    Categories and entities potentially affected by this action 
include:

------------------------------------------------------------------------
                                                 Examples of potentially
            Category             NAICS code \1\     regulated entities
------------------------------------------------------------------------
Industry.......................          221112  Fossil fuel-fired EGUs.
Federal government.............      \2\ 221122  Fossil fuel-fired EGUs
                                                  owned by the Federal
                                                  government.
State/local/Tribal government..      \2\ 221122  Fossil fuel-fired EGUs
                                                  owned by
                                                  municipalities.
                                         921150  Fossil fuel-fired EGUs
                                                  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

[[Page 30880]]

this action. Other types of entities not listed in the table could also 
be regulated. To determine whether your entity is regulated by this 
action, you should carefully examine the applicability criteria in 40 
CFR 63.9981 of the rule. If you have 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 action is the Agency taking?

    This final action extends the period allowing owners or operators 
of affected sources subject to the National Emission Standards for 
Hazardous Air Pollutants: Coal- and Oil-Fired Electric Utility Steam 
Generating Units (commonly known as the Mercury and Air Toxics 
Standards (MATS)) to submit certain reports as PDF file attachments 
using the ECMPS Client Tool until July 1, 2020. Prior to this 
extension, that period was scheduled to end on June 30, 2018. As 
explained further below, the EPA finds that there is ``good cause'' 
under the Administrative Procedure Act (APA) (5 U.S.C. 553(b)(B)) to 
make the amendments extending the deadline final without prior notice 
and comment, in part because the rule maintains the status quo, and the 
reporting system that would apply without the extension (i.e., the 
Compliance and Emissions Data Reporting Interface (CEDRI)) is currently 
unable to accept the MATS reports, thus, making it impossible for the 
regulated community to comply with all reporting requirements without 
this extension. Thus, as explained further below, the EPA maintains 
that notice and comment is unnecessary and contrary to the public 
interest for this action. The EPA also finds good cause under APA 
553(d)(3) to make this rule effective on July 1, 2018, instead of 30 
days after publication as generally required, to ensure that there are 
no gaps in the regulated community's ability to submit all the required 
reports.

C. What is the Agency's authority for taking this action?

    The Agency's authority is found at 42 U.S.C. 7401 et seq. and 5 
U.S.C. 553 et seq.

D. What are the incremental costs and benefits of this action?

    This extension of the time period allowing temporary submission of 
PDF file attachments has neither costs nor benefits.

II. Supplemental Information

A. Background

    On February 12, 2012, the EPA issued the final MATS (77 FR 9304; 
February 16, 2012). In that rule, owners or operators of coal- or oil-
fired electric utility steam generating units (EGUs) were required to 
report emissions and compliance information electronically using two 
data systems: The ECMPS Client Tool and CEDRI. The two electronic 
reporting systems were intended to accept different MATS compliance 
related information (e.g., the ECMPS Client Tool was to be used by EGU 
owners or operators to report, among other things, mercury (Hg) 
continuous monitoring data and the CEDRI system was to be used to 
submit, among other things, semiannual compliance reports). See 40 CFR 
63.10031(a), (f).
    After promulgation, but prior to the existing-source compliance 
date of April 16, 2015, the regulated community suggested to the EPA 
that the electronic reporting burden of MATS could be significantly 
reduced if all the required information were reported to one data 
system instead of two. Specifically, the regulated community suggested 
that the EPA amend MATS to require all the data to be reported through 
the ECMPS Client Tool, which is a familiar data system that most EGU 
owners or operators have been using since 2009 to meet the electronic 
reporting requirements of the Acid Rain Program.
    In response, the EPA decided to require all electronic reports 
required by MATS to be submitted through the ECMPS Client Tool, but the 
Agency recognized that it could not make the necessary changes to the 
ECMPS Client Tool by the April 16, 2015, compliance date. For that 
reason, the EPA issued a final rule on March 24, 2015, prior to the 
MATS compliance date, revising the MATS reporting requirements (80 FR 
15511; March 24, 2015). Among other things, the final rule suspended 
the requirement to submit to CEDRI the MATS compliance reports 
described in 40 CFR 63.10031(f)(1), (f)(2), and (f)(4), and instead 
allowed parties to submit those reports to the ECMPS Client Tool as PDF 
files. See 40 CFR 63.10031(f)(6). The EPA included a self-imposed 
deadline of April 17, 2017, to revise the ECMPS Client Tool to accept 
all of the MATS compliance information. If the revised system was not 
ready by that date, the rule required reporting of the MATS compliance 
data to revert to the original two-system approach on and after that 
date. See 40 CFR 63.10031(f).
    On September 29, 2016, the EPA proposed for comment to revise MATS 
to require a single electronic reporting system, (i.e., the ECMPS 
Client Tool), and also proposed to extend the PDF file reporting period 
from April 17, 2017, to December 31, 2017, by which date the Agency 
believed it would complete the necessary changes to the ECMPS Client 
Tool (81 FR 67062; September 29, 2016). The comment period was 
scheduled to close on October 31, 2016, but it was subsequently 
extended until November 15, 2016, in response to requests from several 
stakeholders for an extension. The public comments were generally 
supportive of simplifying and streamlining the MATS reporting 
requirements and to use the ECMPS Client Tool as the single electronic 
reporting system. However, industry commenters questioned whether the 
EPA would complete the changes to the ECMPS Client Tool by December 31, 
2017, and suggested dates ranging from six quarters after completion of 
the final rule was issued to 2020. No commenters stated that the EPA 
should not extend the PDF file reporting period. On April 6, 2017, the 
EPA finalized an extension of the PDF file reporting period from April 
17, 2017, to June 30, 2018, because the Agency recognized it would not 
complete the necessary revisions to the ECMPS Client Tool and conduct 
the necessary testing by the December 31, 2017, proposed extension date 
(82 FR 16736; April 6, 2017).\1\
---------------------------------------------------------------------------

    \1\ In addition to extending the interim PDF file submission 
process to June 30, 2018, the final rule also made a few technical 
corrections to Appendix A.
---------------------------------------------------------------------------

    The EPA continues to work on the ECMPS Client Tool, but the Agency 
recently concluded that the changes and necessary testing will not be 
completed by June 30, 2018. In addition, the CEDRI interface is not 
currently capable of accepting the compliance reports that are 
currently being submitted via PDF files to the ECMPS Client Tool. This 
means that EGU owners or operators would be unable to submit the 
required reports if PDF file reporting authority is not extended. 
Moreover, the CEDRI interface cannot be operational before July 1, 2018 
(i.e., the first date CEDRI reporting would be required absent an 
extension), and the EPA is continuing to change the ECMPS Client Tool 
to accept all of the MATS compliance reports. For these reasons, the 
EPA has concluded that it is reasonable to continue to allow the PDF 
file reporting option. This extension changes neither the 
responsibility of all owners or operators of affected sources to comply 
with the applicable MATS emissions standards and other requirements nor 
the compliance information available to the

[[Page 30881]]

public as PDF files. For all these reasons, the EPA is revising the 
reporting requirements in the MATS regulations, 40 CFR 63.10021 and 
63.10031, by extending the period for affected sources to submit 
certain compliance related information via PDF file reports from June 
30, 2018, to July 1, 2020.

B. Why is the Agency taking final action without providing an 
opportunity for public comment?

    As noted above, this action amends the reporting requirements by 
extending the period for affected sources to submit certain compliance 
related information via PDF file reports. This extension is critical 
because: (1) The EPA is still working to revise the ECMPS Client Tool 
so that it can accept all of the MATS compliance reports, and (2) the 
CEDRI system that would apply without this extension is not able to 
accept the compliance reports that are currently being submitted via 
PDF files. Without this action, affected source owners or operators 
would be unable to report certain MATS compliance information as 
required in the regulations and, as a result, the public would not have 
access to that information.
    Section 553(b)(B) of the APA, 5 U.S.C. 553(b)(B), provides that, 
when an agency for good cause finds that notice and public comment are 
impracticable, unnecessary, or contrary to the public interest, the 
agency may issue a rule without providing notice and an opportunity for 
public comment. See also the final sentence of section 307(d)(1) of the 
Clean Air Act (CAA), 42 U.S.C. 7607(d)(1), indicating that CAA section 
307(d) does not apply in the case of any rule or circumstance referred 
to in section 553(b)(B) of the APA. As explained further below, the EPA 
finds that providing notice and comment is unnecessary in this 
situation because the extension of PDF file reporting maintains the 
status quo and does not relieve the regulated community of its 
responsibility to comply with the MATS. In addition, when in April 2017 
the EPA proposed and finalized an extension of the PDF file reporting 
requirement, the Agency received no comments against or legal challenge 
to that extension rulemaking. Finally, the EPA also finds that notice 
and comment rulemaking in these circumstances would be contrary to the 
public interest because the electronic system that would apply without 
the extension (i.e., CEDRI) is currently unable to accept the MATS 
compliance reports that are currently being submitted via PDF files. 
Therefore, it would not be possible for affected source owners or 
operators to comply with all of the MATS reporting requirements without 
the extension and the public would be deprived of certain compliance 
related information as a result. The delay that would be inherent in 
notice and comment rulemaking would result in a potential loss of 
public availability of compliance information that is contrary to the 
public interest.
    The EPA has determined that notice and comment procedures are 
unnecessary here for a number of reasons. First, this action will 
simply maintain the status quo and does not introduce any new 
substantive requirements.
    Second, the EPA has no viable alternative to extending of PDF file 
reporting given that the CEDRI system is not currently able to accept 
the necessary reports. The EPA has concluded that the July 2020 
extension date will provide the necessary time to complete the changes 
to and test the ECMPS Client Tool.
    Third, the Agency previously provided an opportunity for comment on 
whether a PDF file reporting extension is justified where the 
electronic reporting system is not available. The Agency provided this 
opportunity for comment in the September 29, 2016, proposed rule 
(finalized April 6, 2017) to extend the PDF file reporting until June 
30, 2018 (81 FR 67062; September 29, 2016 and 82 FR 16736; April 7, 
2017). The EPA did not receive any comments suggesting that the 
extension of the PDF file reporting was unreasonable, although 
commenters did suggest the Agency provide more time than proposed. As a 
result, the Agency finalized an extension to June 30, 2018, 7 months 
longer than proposed, but considerably less time than suggested in 
comments. See 82 FR 16736. In this final rule, the EPA is recognizing 
that, as commenters in 2016 suggested, more time is needed to complete 
the move to the ECMPS Client Tool and that a longer extension of the 
PDF file reporting than the one previously afforded is appropriate.
    In addition to finding that notice and comment rulemaking is 
unnecessary, the EPA also finds that providing notice and comment in 
this situation would be contrary to the public interest. If the EPA 
were to delay this action to provide an opportunity for public comment, 
there would be a gap period during which the public would not have 
access to all of the MATS compliance information required by the rule. 
As explained above, the CEDRI system is not currently capable of 
accepting the MATS compliance reports that parties would be required to 
submit to it. Thus, if the PDF file reporting extension were not 
provided, some MATS compliance information would not be accessible to 
the public for some time. In addition, EGU owners or operators, along 
with the public and regulatory agencies, are already familiar with the 
interim PDF file submission process and the EPA continues to work on 
the ECMPS Client Tool so that it can accept all of the MATS compliance 
reports. The current process of EGU owners or operators attaching PDF 
files when submitting reports via the ECMPS Client Tool is well 
understood by all parties interested in the data and ensures that all 
compliance data are reported. Conversely, EGU owners or operators are 
not familiar with CEDRI reporting for MATS, so requiring compliance 
with CEDRI for some interim period before the full implementation of 
the ECMPS Client Tool would potentially cause confusion for the 
regulated community and the public. The EPA maintains that, in light of 
these facts, it is contrary to the public interest to have an interim 
period during which both the EPA and EGU owners or operators would have 
to expend the resources and time necessary to enable partial CEDRI 
reporting before fully converting to the ECMPS Client Tool. For these 
reasons, the EPA finds that providing notice and comment in these 
particular circumstances would be contrary to the public interest.
    For all these reasons, the EPA finds good cause exists under 
section 553(b)(B) of the APA to issue this final rule without prior 
notice and opportunity for comment.

C. Why is the Agency making this action effective on July 1, 2018?

    The EPA also finds good cause to make this final rule effective on 
July 1, 2018. Section 553(d) of the APA, 5 U.S.C. 553(d), provides that 
final rules shall not become effective until 30 days after publication 
in the Federal Register, ``except . . . as otherwise provided by the 
agency for good cause,'' among other exceptions. The purpose of this 
provision is to ``give affected parties a reasonable time to adjust 
their behavior before the final rule takes effect.'' Omnipoint Corp. v. 
FCC, 78 F.3d 620, 630 (DC Cir. 1996); see also United States v. 
Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 1977) (quoting legislative 
history). Thus, in determining whether good cause exists to waive the 
30-day delay, an agency should ``balance the necessity for immediate 
implementation against principles of fundamental fairness which require 
that all affected persons be afforded a reasonable amount of time

[[Page 30882]]

to prepare for the effective date of its ruling.'' Gavrilovic, 551 F.2d 
at 1105. The EPA has determined that it is necessary to make this final 
rule effective on July 1, 2018, instead of 30 days after publication in 
the Federal Register, to ensure that there are no gaps in the ability 
of affected MATS sources to submit the required compliance reports, 
given that the current authority to submit PDF file reports expires on 
June 30, 2018. The EPA also has determined that the owners or operators 
of affected MATS sources do not need time to adjust to this final 
action because this final rule simply maintains the status quo and does 
not introduce any new substantive requirements.
    For these reasons, the EPA finds good cause exists under section 
553(d)(3) of the APA to make this rule effective on July 1, 2018, 
instead of 30 days after publication in the Federal Register.

III. What is the scope of this amendment?

    This action amends the reporting requirement in the MATS 
regulation, 40 CFR 63.10021 and 10031.

IV. What specific amendments to 40 CFR part 63, subpart UUUUU are made 
by this rule?

    The interim PDF reporting process described in 40 CFR 63.10031(f) 
has been further extended through June 30, 2020, to allow sufficient 
time for software development, programming, and testing. Until then, 
compliance with the emissions and operating limits continues to be 
assessed based on the various PDF file report submittals described in 
40 CFR 63.10021(e)(9) and 63.10031(f). Data are also obtained from Hg, 
hydrogen chloride, hydrogen fluoride, and sulfur dioxide continuous 
emission monitoring systems, as well as Hg sorbent trap monitoring 
systems, as reported through the ECMPS Client Tool.

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://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 the Office of Management and Budget (OMB) 
for review.

B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is not an Executive Order 13771 regulatory action 
because this action is not significant under Executive Order 12866.

C. 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 and has assigned OMB 
Control Number 2060-0567. This action does not change the information 
collection requirements, and this action does not impose any new 
information collection burden under the PRA.

D. Regulatory Flexibility Act (RFA)

    This action is not subject to the RFA. The RFA applies only to 
rules subject to notice and comment rulemaking requirements under the 
APA, 5 U.S.C. 553, or any other statute. This rule is not subject to 
notice and comment requirements because the Agency has invoked the APA 
``good cause'' exemption under 5 U.S.C. 553(b).

E. 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. As described 
earlier, this action has no net regulatory burden on governments 
already subject to MATS. Accordingly, we have determined that this 
action will not result in any ``significant'' adverse economic impact 
for small governments.

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. As described earlier, this action has no 
substantial direct effect on Indian tribes already subject to MATS. 
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 it does not concern an environmental 
health risk or safety risk.

I. 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.

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 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 extends 
the deadline for interim reporting of electronic data; it does not have 
any impact on human health or the environment.

L. 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. The CRA allows the issuing agency to make a rule 
effective sooner than otherwise provided by the CRA if the agency makes 
a good cause finding that notice and comment rulemaking procedures are 
impracticable, unnecessary, or contrary to the public interest (5 
U.S.C. 808(2)). The EPA has made a good cause finding for this rule as 
discussed in sections II.B and C of this preamble, including the basis 
for that finding.

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.


[[Page 30883]]


    Dated: June 26, 2018.
E. Scott Pruitt,
Administrator.

    For the reasons set forth in the preamble, the 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 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 63.10031(f)(5), through June 30, 2020. On or 
after July 1, 2020, report the date of all tune-ups electronically, in 
accordance with Sec.  63.10031(f). The tune-up report date is the date 
when tune-up requirements in paragraphs (e)(6) and (7) of this section 
are completed.
* * * * *

0
3. Section 63.10031 is amended by revising paragraphs (f) introductory 
text, (f)(1), (2), (4), and (f)(6) introductory text to read as 
follows:


Sec.  63.10031  What reports must I submit and when?

* * * * *
    (f) On or after July 1, 2020, 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) (https://cdx.epa.gov). Performance test data must be submitted in the file 
format generated through use of EPA's Electronic Reporting Tool (ERT) 
(see https://www.epa.gov/ttn/chief/ert/index.html). Only data collected 
using those test methods on the ERT website are subject to this 
requirement for submitting reports electronically to WebFIRE. Owners or 
operators who claim that some of the information being submitted for 
performance tests is confidential business information (CBI) must 
submit a complete ERT file including information claimed to be CBI on a 
compact disk or other commonly used electronic storage media 
(including, but not limited to, flash drives) to EPA. The electronic 
media must be clearly marked as CBI and mailed to U.S. EPA/OAPQS/CORE 
CBI Office, Attention: WebFIRE Administrator, MD C404-02, 4930 Old Page 
Rd., Durham, NC 27703. The same ERT file with the CBI omitted must be 
submitted to EPA via CDX as described earlier in this paragraph. At the 
discretion of the delegated authority, you must also submit these 
reports, including the confidential business information, to the 
delegated authority in the format specified by the delegated authority.
    (1) On or after July 1, 2020, 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 (https://cdx.epa.gov). The RATA data shall be submitted in the file format 
generated through use of EPA's Electronic Reporting Tool (ERT) (https://www.epa.gov/ttn/chief/ert/index.html). Only RATA data compounds listed 
on the ERT website are subject to this requirement. Owners or operators 
who claim that some of the information being submitted for RATAs is 
confidential business information (CBI) shall submit a complete ERT 
file including information claimed to be CBI on a compact disk or other 
commonly used electronic storage media (including, but not limited to, 
flash drives) by registered letter to EPA and the same ERT file with 
the CBI omitted to EPA via CDX as described earlier in this paragraph. 
The compact disk or other commonly used electronic storage media shall 
be clearly marked as CBI and mailed to U.S. EPA/OAPQS/CORE CBI Office, 
Attention: WebFIRE Administrator, MD C404-02, 4930 Old Page Rd., 
Durham, NC 27703. At the discretion of the delegated authority, owners 
or operators shall also submit these RATAs to the delegated authority 
in the format specified by the delegated authority. Owners or operators 
shall submit calibration error testing, drift checks, and other 
information required in the performance evaluation as described in 
Sec.  63.2 and as required in this chapter.
    (2) On or after July 1, 2020, 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 (https://cdx.epa.gov). You must use the appropriate electronic 
reporting form in CEDRI or provide an alternate electronic file 
consistent with EPA's reporting form output format. For each reporting 
period, the quarterly reports must include all of the calculated 30-
boiler operating day rolling average values derived from the CEMS and 
PM CPMS.
* * * * *
    (4) On or after July 1, 2020, 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 (https://cdx.epa.gov). You must use the appropriate 
electronic reporting form in CEDRI or provide an alternate electronic 
file consistent with EPA's reporting form output format.
* * * * *
    (6) Prior to July 1, 2020, all reports subject to electronic 
submittal in paragraphs (f) introductory text, (f)(1), (2), and (4) of 
this section shall be submitted to the EPA at the frequency specified 
in those paragraphs in electronic portable document format (PDF) using 
the ECMPS Client Tool. Each PDF version of a submitted report must 
include sufficient information to assess compliance and to demonstrate 
that the testing was done properly. The following data elements must be 
entered into the ECMPS Client Tool at the time of submission of each 
PDF file:
* * * * *
[FR Doc. 2018-14308 Filed 6-29-18; 8:45 am]
 BILLING CODE 6560-50-P


